Agenda packet — Yorba Linda City Council, March 21, 2023 (part 2 of 3)

General Plan Annual Progress Report 2022

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Affordable Housing
Development
Assistance
Provide regulatory incentives, land write-downs and available financial assistance for the development of affordable and mixedincome housing, with particular consideration to projects in locations with access to high quality transit and projects that include extremely low- income units. Provide information on incentives during individual dealings with property owners. Transfer land to Orange Housing Development Corp for development of Altrudy II to provide 40 units of affordable senior housing. Contact the new owners of the Bryant Apartments, as well as any future owners, to discuss the City’s desire to establish rent restrictions on the 100 income-restricted units.

Actions Taken: The City has not yet to transferred land to OHDC since Measure Z failed in November 2022. OHDC will close escrow on the property once zoning is in place. The City made contact with The Bryant Apartments in 2021 as it relates to the existing affordability requirement.

Mortgage Assistance
Program
Subject to funding availability, seek to provide at least five MAP loans over the planning period.

Action Taken: The City continues to offer this program; however, no new loans were approved in 2022.

Sustainability and
Green Building
Implement sustainability policies and actions within the City’s updated General Plan, Town Center Specific Plan and Multi-family Design Guidelines. Provide outreach and education to developers, architects and residents on the Green Building Code, and ways to incorporate sustainability in project design and existing structures.

Action Taken: The City continues to implement sustainability policies thru General Plan, Town Center, and Multi-family Design Guidelines and to educate residents and development community on Green Building and sustainability practices.

Housing Opportunity
Sites & Rezone
Program
Undertake the following in support of rezoning: 1) Conduct public hearings and adopt Housing and other General Plan Elements; 2) Prepare and adopt new housing overlay zones (affordable housing, commercial mixed-use and congregational); 3) Conduct Measure B vote on proposed rezone sites. To the extent a shortfall exists in sites receiving Measure B approval, propose alternative sites for rezoning to address the City’s regional housing needs for lower and moderate income households; amend the Housing Element for HCD review; conduct 2nd Measure B election. Process development applications on rezone sites ministerially, subject to the requirements under Government Code section 65584.09.

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Action Taken: The City Council approved the rezoning of 20 Housing Element sites contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City will move forward with public outreach on alternative site options for reconsideration by HCD and ultimately the voters. This effort should be completed by November 2024.

Lot Consolidation
Program
Conduct outreach to property owners and adopt Lot Consolidation Ordinance within one year of Housing Element adoption. Conduct a mid-cycle review in 2025 to evaluate the success of the program and make modifications as necessary to promote housing on small sites.

Action Taken: The City was focused on rezoning efforts as required under Program 8 (Housing Opportunity Sites & Rezone Program).

The City will begin implementation of this program in 2023.

Affordable Housing
Overlay
Develop new Affordable Housing Overlay with development standards designed to facilitate development at the upper end of the density range. Adopt the Zoning Code and Map amendment in 2022.

Action Taken: The City Council adopted the Affordable Housing Overlay in August 2022; however, this was contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City will move forward with public outreach on alternative site options for reconsideration by HCD and ultimately the voters. This effort should be completed by November 2024.

Commercial MixedUse Overlay
Develop new Commercial Mixed-Use Overlay with development standards designed to facilitate development at the upper end of the density range. Adopt the Zoning Code and Map amendment in 2022.

Action Taken: The City Council adopted the Mixed Use Overlay in August 2022; however, this was contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City will move forward with public outreach on alternative site options or

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General Plan Annual Progress Report 2022

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reconsideration by HCD and ultimately the voters. This effort should be completed by November 2024.

Congregational
Lands Overlay
Develop new Congregational Land Overlay with development standards designed to facilitate development at the upper end of the density range, and adopt Zoning Code and Map amendment in 2022..

Help to connect congregations with non-profit developers to discuss options for affordable development on their sites, and will a followup meeting with the congregations and interested development partners.

Action Taken: The City Council adopted the Congregational Lands Overlay in August 2022; however, this was contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City will move forward with public outreach on alternative site options for reconsideration by HCD and ultimately the voters. This effort should be completed by November 2024.

Promote Accessory
Dwelling Units Achieve the production of an average of 50 ADUs annually, for a total of 400 ADUs over the planning period. Implement the Pilot Program to waive ADU plan check and permit fees, and reassess the program’s effectiveness in 2023. Provide pre-approved ADU construction plans to streamline the project application and review process and reduce up-front project costs. Explore a program to provide ADU funding assistance to homeowners that provide affordability covenants. Promote ADUs to the community through handouts, simplified application forms and an ADU website page.

Annually monitor ADU production and affordability as part of the Annual Performance Report (APR) on the Housing Element.

Conduct reviews in 2024, 2026 and 2028 to evaluate if ADU production levels are being achieved, and if falling short, ensure adequate sites are available to address the lower income RHNA or commit to rezoning additional sites within one year (as necessary) to offset any shortfall.

Action Taken: The City implemented a fee waiver pilot program for ADUs through June 30, 2023. Since implementing the fee waiver program, the City has seen a significant increase in ADU applications. In 2022, there were 45 new ADU applications submitted. Permits were issued for 30 ADUs in 2022, which is a significant increase from 8 ADUs permitted in 2021.

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General Plan Annual Progress Report 2022

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Annexation of Areas
in Sphere of
Influence
Coordinate with the County and property owners to potentially annex Esperanza Hills during the planning period (depending on the ultimate entitlement of the project).

Action Taken: The City continues to coordinate with the County and property owners to potentially annex Esperanza Hills during the planning period should the project obtain final entitlement approval.

Measure B Mitigate the impacts of Measure B on creation of higher density and affordable housing through: establishment of three new overlay zones; rezoning select sites to higher densities; and accommodating higher density and mixed use housing near jobs and transit. By 2025, initiate a Measure B ballot measure, or other alternative option, to provide City Council greater discretion in rezoning for higher densities in support of affordable housing projects.

Action Taken: The City Council adopted the three overlay zones outlined in Programs 10, 11, and 12; however, these were contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council
authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%.

Multi-Family
Development
Standards and
Processing
Guidelines
Implement the City’s multi-family development standards and Design Guidelines to promote approval certainty, mitigate development costs and facilitate quality, sustainable multi-family housing.

Action Taken: The City continues to support housing opportunities for persons with disabilities.

Affordable Housing
Density Bonus Maintain a local density bonus ordinance as a means of enhancing the economic feasibility of affordable housing development, and update the ordinance in 2022 consistent with current State requirements. Provide information on available density and regulatory incentives in conjunction with discussions with development applicants.

Action Taken: The City continues to promote density bonus and other regulatory incentives in conjunction with discussions with applicants.

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General Plan Annual Progress Report 2022

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Administrative
Adjustment Process
Zoning Text
Amendments for
Special Needs
Housing
SB 35 Streamlining
Fair
Housing/Affirmatively
Furthering Fair
Housing
The City will continue to use the Administrative Adjustment Process to provide flexibility in residential development requirements.

Action Taken: The City continues to use the administrative process for specific adjustments to residential uses.

Amend the Development Code by 2022 to facilitate housing for Yorba Linda’s special needs populations.

Action Taken: The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

Create an SB 35 checklist and written procedures for processing SB 35 applications.

Action Taken: The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

By the end of 2022 have additional fair housing information posted at the Yorba Linda Senior Center site and on their digital platforms.

Hold an informational workshop in 2023 and 2025.

By December 2022, conduct a fair housing information session for the City Council. Invite local nonprofits (including the Orange County Human Relations Commission, the Kennedy Commission, Making Housing Happen and People for Housing O.C.) to attend.

Publish Fair Housing information, including any community meetings, on non-traditional media such as Facebook or Instagram, and conduct targeted outreach to tenants, mobile home park residents and other lower income populations.

Starting in 2022, work with the FHCOC to contact landlords of affordable multifamily complexes every two years and provide fair housing information and assistance. This outreach will focus on promoting the Section 8 voucher program to landlords who have not previously participated in the program and should include multilingual materials. Outreach should be targeted to the special needs Census Tracts 218.24, 117.18 and 218.26.

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Adopt an Ordinance by 2022 to expand the housing supply in High Resource single-family zones by allowing for lot splits and duplexes under the parameters of SB 9. In coordination with research being conducted at the State level, pursue opportunities to incentivize and provide funding assistance for homeowners to provide affordable units under SB 9 (2023, 2025).

Continue to improve access to persons with disabilities through ADA improvement to streets, sidewalks and public facilities.

Dedicate or seek funding, including annual CDBG allocations, to prioritize infrastructure and accessibility improvements in the moderate resource opportunity areas (Census Tracts 218.20 and 218.26).

Coordinate with the Orange County Housing Authority in 2023 about utilizing the mobility counseling program in Yorba Linda.

This OCHA program informs Housing Choice Voucher holders about their residential options in higher opportunity areas and provides holistic supports to voucher holders seeking to move to higher opportunity areas.

Adopt the Affordable Housing Overlay, Commercial Mixed Use Overlay and Congregational Land Overlay in conjunction with the Housing Element in 2022, providing geographically dispersed sites for over 1,000 lower income units which foster a more inclusive community. Initiate rezoning and the Measure B election in 2022, and pay for all costs associated with the ballot measure. (see Programs 8 -11).

Require affordable developers receiving public funds to prepare an affirmative marketing plan, and encourage private developers with affordable units in their projects to prepare an affirmative marketing plan. The affirmative marketing plan shall ensure marketing materials for new developments are designed to attract renters and buyers of diverse demographics, including persons of any race, ethnicity, sex, handicap, and familial status.

During the public hearing processes for the Affordable Housing Overlay, Mixed-Use Housing Overlay, and Congregational Land Overlay, as well as the outreach process for the Measure B election (occurring in November 2022), utilize tools such as the “Myths and Facts About Affordable & High Density Housing” currently on the City’s website to show what affordable housing means and who it benefits. Contact Kennedy Commission, Making Housing Happen and People for Housing O.C. for potential input. Conduct at least five educational events for the public in locations throughout the community.

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Housing
Opportunities for
Persons Living with
Disabilities
By the end of 2022, research the development of a program that would provide low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restrictions on their property. This research should also explore outside funds. If funding is available, establish a pilot program by December 2023 with a goal of achieving at least two deed restricted ADUs annually; evaluate the program by the end of 2025.

Expand information available on affordable housing in Yorba Linda, including any community meetings on non-traditional media such as Facebook and Instagram.

Promote and support the development of Accessory Dwelling Units (ADUs), including pursuing funding for rent-restricted ADUs, and seek to issue permits for over 50 units annually throughout Yorba Linda (see Program 12).

Include information about rehab and maintenance resources (including the Residential Rehabilitation Program and Community Preservation Program) in City newsletters and on the website.

Include translated information when feasible. Seek to assist 10 households annually. Starting in 2022, conduct targeted outreach through annual mailings to Census Tracts 218.20 and 218.26. about available rehabilitation assistance.

Action Taken: See action notes for other housing element programs previously discussed for most of the actions taken on these programs. Additionally, the City Council adopted an SB 9 ordinance in 2022.

Continue to support a variety of housing types to help address the diverse needs of persons living with disabilities, and work in cooperation with the OCRC to publicize information on available resources for housing and services. Proactively reach out to developers on an annual basis to pursue opportunities to increase the supply of affordable housing in Yorba Linda, including housing for special needs and extremely low income (ELI) households. Pursue use of State and Federal funds available for supportive housing and services in future affordable housing projects. Review and amend the Municipal Code regarding community care facilities of more than six persons and to expand provisions for reasonable accommodation.

Action Taken: The City continues to work with OCRC to publicize info on resources. Pursue State and Federal funding.

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Housing Unit
Replacement
Program
Housing for
Extremely Low
Income Households
Universal Design/
Visitability
Update the Municipal Code to specify replacement housing requirements on nonvacant sites consistent with Government Code 65583.2(g)(3).

Action Taken: The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

Update the Zoning Code in 2022 to incentives for ELI units.

Proactively reach out to developers on an annual basis to pursue opportunities to increase the supply of affordable housing in Yorba Linda, including housing for extremely low income (ELI) households.

Action Taken: The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

Accommodate a wide range of abilities in development by providing features that enhance accessibility by developing a Universal Design and Visitability brochure, and by providing to residential buildings and by establishing Universal Design Guidelines.

Action Taken: No action taken.

Town Center Design
Standards
Adopt and implement design standards specifically for the Town Center that address appropriate alterations to existing historic buildings and buildings in historic districts, as well as appropriate new construction located nearby to existing historic buildings and/or districts.

Action Taken: In May 2013, the Planning Commission conducted a public hearing related to the establishment of a Historic Preservation Ordinance within the City’s Zoning Code. The purpose of the Ordinance was to promote the public welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, features, sites, places, and areas within the City that reflect special elements of the City’s historical, architectural, archaeological, culture or aesthetic heritage. There were many questions and concerns raised at the Planning Commission meeting by members of the public as well as members of the Planning Commission. Due to the opposition raised at the Planning Commission meeting, the Planning Commission
unanimously voted to continue the Ordinance to a date uncertain.

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Town Center
Rehabilitation
Opportunities
Work with property owners, business owners, and real estate professionals to identify rehabilitation opportunities in Town Center and target prospective parties who may implement and/or benefit from rehabilitation.

Action Taken: The City continues to work with key stakeholders to identify rehabilitation opportunities in Town Center.

Town Center
Historic Façade
Improvement
Program
Develop a historic façade improvement program for commercial properties in the Town Center that provides technical guidance, design assistance, and illustrated examples of successful storefront rehabilitation, restoration, and reuse.

Action Taken: The City implemented a façade improvement program in 2011 and provided funding for two projects; however, the program was dissolved when redevelopment agencies were eliminated. Implementation of this program has been placed on hold.

However, staff continues to work with property owners in historic downtown area to maintain the historic nature of this area.

Town Center
Image-Making
Program
Coordinate with public and private parties to develop an imagemaking program for the Town Center that incorporates historic/ architectural character.

Action Taken: The Town Center is nearly completed with only a handful of properties still in need of redevelopment; however, each of these properties have been entitled for redevelopment. Clyde’s Hot Chicken is moving forward with construction of a new restaurant pad on the site located west of the parking garage. The Sioson property (located south of Regal Cinemas) was approved for a new multi-story retail building; however, due to the COVID-19 pandemic, the property owner requested a time extension for their entitlement approval. Finally, the former Pancake House was approved to be redesigned into a restaurant; however, the property owner is now considering alternatives for the site.

Improve Town
Center as Historic
Commercial Core
Participate in and support the efforts of existing civic organizations and business groups to bolster Town Center’s image as a historic commercial core.

Action Taken: The City continues to cooperate with and support key stakeholders to improve the Town Center’s image as a historic commercial core. Furthermore, the City has adopted the Town Center Specific Plan, which incorporates historic architectural guidelines for development/redevelopment within the Town Center.

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Inventory of Historic
Properties and
Districts
Maintain lists and maps of all identified historic properties and districts in Yorba Linda, including: officially designated/ listed properties; properties determined eligible based on professional evaluation; and properties determined by the City Council to be significant according to locally established criteria and standards.

Action Taken: The City has prepared and maintains a list and maps of all identified historic properties and districts in the City.

Update Public
Information
Regarding Historic
Resources
Update public information regarding historic resources on a regular basis by incorporating the results of newly completed property evaluations, updates to surveys, and historic context research which may provide greater understanding of historical/ architectural significance.

Action Taken: The City regularly updates its public information regarding historic resources.

Create Exceptions to
Development
Standards for Historic
Resources
Adopt zoning code provisions that allow for exceptions to development standards such as required setbacks, lot coverage, lot density, building height, site layout, off-street parking, and allowable uses, where it would avoid and/or reduce effects to historic resources.

Due to the opposition raised at the Planning Commission meeting, the Planning Commission unanimously voted to continue the Ordinance to a date uncertain.

Adopt Design
Guidelines for
Historic Resources
Adopt and implement design guidelines that address appropriate alterations to individual historic resources, district contributors, altered district contributors, noncontributors, as well as new construction nearby to existing historic buildings and/or districts.

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Establish
Requirements for
Discretionary Review
for Alterations to
Historic Properties
Establish codes and/or ordinances that require discretionary review to be conducted in cases of proposed alterations to historic properties and/or properties located within historic districts.

CEQA Review for
Historic Resources
Review development proposals pursuant to the historic resource provisions of the California Environmental Quality Act (CEQA) and integrate the findings of CEQA review into decision-making.

Action Taken: The City continues to review development proposals for compliance with CEQA.

Professional Review
of Historic Resources
Require that a qualified professional in architectural history and/or historical architecture analyze the appropriateness of proposed changes to historic properties and/or historic districts and make recommendations to the City.

Action Taken: The City continues to require that proposed changes to historic properties and/or districts are analyzed by a qualified professional in architectural history and/or historical architecture.

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Certified Local
Government
Apply to become a Certified Local Government (CLG) through the State Office of Historic Preservation (OHP) in order for the City to gain access to additional knowledge, expertise, and grant funding for its preservation program.

Action Taken: This would require the establishment of a Historic Preservation Ordinance. In May 2013, the Planning Commission conducted a public hearing related to the establishment of a Historic Preservation Ordinance within the City’s Zoning Code. The purpose of the Ordinance was to promote the public welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, features, sites, places, and areas within the City that reflect special elements of the City’s historical, architectural, archaeological, culture or aesthetic heritage. There were many questions and concerns raised at the Planning Commission meeting by members of the public as well as members of the Planning Commission. Due to the opposition raised at the Planning Commission meeting, the Planning Commission
unanimously voted to continue the Ordinance to a date uncertain.

Maintain City-owned
Properties to be
Compatible with
Historic Resources
Preserve and maintain all City-owned properties in a manner that is compatible with the historic and architectural character of existing properties and their surroundings.

Action Taken: To the greatest extent feasible, the City continues to preserve and maintain all City-owned properties consistent with the historical and architectural character of those properties and their surroundings.

Acquire Historic
Properties At Risk of
Demolition
Allow for the City to acquire and preserve significant historic properties that are at risk of demolition or destruction, in cases where City acquisition is feasible and where it would result in a substantial public benefit.

Action Taken: The City continues to acquire and preserve historically significant properties at risk of demolition or destruction where it would result in a substantial public benefit. To ensure preservation of opportunity in this regard, the City requires all demolition permits to be reviewed by the City Council prior to issuance. In 2021, the Trueblood house was rebuilt using many salvageable materials from the existing home, which will be used to house the Yorba Linda Chamber of Commerce.

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Comply with Laws
Related to
Archeological and
Paleontological
Properties
Comply with federal, State, and local laws, regulations, and codes related to archeological and paleontological properties, by ensuring that protocols are followed that protect and mitigate potential impacts, including consultation with Native American groups as appropriate.

Action Taken: The City continues to comply with all laws related to archeological and paleontological properties.

State Historic Building
Code
Facilitate use of the State Historic Building Code during the development process which provides for alternatives to standard codes that may result in cost effective preservation of historic materials, features, and character.

Action Taken: The City continues to facilitate the use of the State Historic Building Code during the development process. The City has adopted the 2016 California Historic Building Code.

Mills Property Tax
Abatement Program
Establish and implement a Mills Act Property Tax Abatement Program which provides for reassessment and potential reductions of property taxes for owners who agree to long-term preservation and maintenance of their historic properties.

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Building Permit Fee
Waivers for Historic
Rehabilitation
Provide for waivers and/or reductions of building permit fees for projects that qualify as historic rehabilitation projects.

Action Taken: No action taken due to opposition raised related to historic preservation program.

Financial Assistance
for Rehabilitation of
Historic Projects
Work with public and private parties to develop a program that provides grants, low interest loans, and/or design assistance for rehabilitative façade improvements to historic properties.

Action Taken: No action taken due to opposition raised related to historic preservation program.

Federal Tax Credits
for Rehabilitation
Projects
Promote the potential availability of federal tax credits for federally certified rehabilitation projects, and facilitate the application/ certification process for qualifying property owners.

Action Taken: The City continues to promote the availability of federal tax credits for qualifying projects and property owners.

Public Information
for Preservation
Incentive Programs
Maintain a public information center in City offices that contains fact sheets, application materials, and contact information for preservation incentive programs at the federal, State, and local levels.

Action Taken: The City continues to make information for preservation incentive programs available to the public.

Real Estate
Professionals
Meet periodically with local real estate professionals to provide information regarding preservation incentive programs that can substantially benefit new homebuyers.

Action Taken: The City continues to maintain a good relationship with the local real estate professionals to provide information regarding preservation incentive programs that can benefit new homeowners.

Keep Property
Owners Informed of
Limitations of Their
Properties
On a regular basis, mail to all owners of historic properties and those located within districts information that explains the historic evaluations, including background materials that pertain to their properties, and solicit any new information that may pertain to the conditions or backgrounds of properties.

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Action Taken: No action taken due to opposition raised related to historic preservation program.

Events for Historic
Property Owners
On a regular basis, conduct events for the owners of historic properties and those located within districts, in order to provide education and guidance regarding general preservation goals, City policies and procedures, and programs that could benefit owners.

Action Taken: No action taken due to opposition raised related to historic preservation program.

Determining Historic
Status
When making decisions regarding the historic status of properties or proposed changes that could affect historic resources, request and allow for property owners to submit information, including technical reports, background data, and/or firsthand knowledge, to the City for consideration before decisions are made.

Action Taken: The City continues to allow for public participation when making decisions regarding the historic status of properties.

Training on Historic
Preservation
Principles
For City officials who review and make decisions regarding proposed changes to historic properties, provide training on historic preservation principles, practices, and planning, to be conducted by qualified professionals in the field of historic preservation and architecture.

Action Taken: The City continues to make available training opportunities for City officials involved in decision making related to historic properties.

Historic Preservation
Alternatives
In cases where preferred preservation alternatives would be prohibitively expensive to the majority of similar property owners in the community (thereby making them infeasible alternatives), the City may consider less preferred alternatives.

Action Taken: The City continues to consider alternatives for historic preservation, especially in cases where those improvements would be cost-prohibitive or expensive.

Improving Existing
Historic Buildings
Provide advice to property owners regarding ways to improve existing historic buildings that meet owners’ goals of conservation, efficiency, and expanded or new uses.

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Action Taken: The City continues to provide advice to property owners regarding ways to improve existing historic buildings.

Repair of Historic
Features
Allow for compatible repair and replacement of historic features such as windows and doors in order to improve energy efficiency, provided that overall integrity of buildings is not diminished.

Action Taken: The City continues to allow for compatible repair of historic features.

Develop Illustrated
Examples of Historic
Repairs
Develop and make available technical bulletins and illustrated examples of historically compatible repairs/replacement of windows, doors, siding and roofing, as well as additions to buildings.

Action Taken: No action taken due to opposition raised related to historic preservation program.

Relocation of Historic
Buildings
In cases where on-site rehabilitation is not feasible due to the nature of the property, allow for relocation of existing historic buildings to new sites that are compatible in setting and character.

Action Taken: The City continues to allow for relocation of existing historic buildings to new sites when on-site rehabilitation is not feasible.

Salvage Reusable
Historic Building
Materials
Provide for salvage of reusable historic building materials that are removed from existing historic buildings as a result of approved work.

Action Taken: The City continues to provide for salvage of reusable historic building materials that are removed from existing historic buildings.

Promote City Historic
Buildings and Districts
Maintain and publish through City information portals, materials such as lists, maps, and photographs that promote Yorba Linda’s historic buildings and districts.

Action Taken: The City continues to maintain and publish information that promotes the City’s historic buildings and districts.

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Self-Guided Tours of
Historic Resources
Update and publish self-guided tours of Yorba Linda’s historic and architectural landmarks and districts.

Action Taken: The City cooperates with OC Parks, who has published a map of historical places all over Orange County. The City has eight local destinations listed within the publication.

Organized Historic/
Architectural Tours
Partner with community members and organizations to conduct organized historical/architectural tours on a regular basis, as well as events such as history fairs.

Action Taken: The City continues to partner with community members and organizations to conduct organized historic tours.

Create Archives and
Exhibits Promoting
Historic Resources
Coordinate with City agencies such as the public library to create archives and exhibits that promote, recognize, and celebrate the historical and cultural development of Yorba Linda.

Action Taken: The City continues to cooperate with the public library and other agencies to create archives and exhibits promoting historic resources.

Coordinate with
Local Schools
Work with local schools and organizations to conduct oral history projects, research of local history and culture, and studies of historical architecture in Yorba Linda.

Action Taken: The City continues to coordinate with local schools for projects related to the City’s history.

Recognize Important
Historical Sites in the
Region
Appreciate and recognize important historical sites in the surrounding region that relate to the history of Yorba Linda, such as cemeteries, early rural settlements, and Native American cultural sites (without disclosing information that may allow intrusion on sensitive cultural sites).

Action Taken: The City continues to recognize important historical sites in the region.

Signage for Historic
Landmarks and
Districts
Work with public and private parties, including property owners, to develop a program that installs special signage at appropriate locations to identify and call attention to Yorba Linda’s landmarks and historic districts.

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Action Taken: The City continues to work with key stakeholders to develop programs that install special signage at appropriate historical locations.

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Jurisdiction Yorba Linda ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome
Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35
Streamlining)
Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 25 0 7 0 4 3 39 17 0 323-191-44 7095 Wooden Pl Krueger ADU 2022-01 ADU R 1/13/2022 1 1 1 0 No No 349-204-18 4577 Via del Prado Shabafroozan ADU 2022-02 ADU R 1/19/2022 1 1 0 No No 323-482-34 4195 Hidden Oaks Talley ADU 2022-03 ADU R 2/9/2022 1 1 1 0 No No 349-352-02 6132 Amberdale Schmus ADU 2022-04 ADU R 2/22/2022 1 1 1 0 No No 323-361-09 4611 Palm Ave Lawrence ADU 2022-05 ADU R 2/24/2022 1 1 1 0 No No 323-442-17 4522 Camela St Abo-Shadi ADU 2022-06 ADU R 2/28/2022 1 1 0 No No 322-164-07 17062 Los Angeles
St Reyes ADU 2022-07 ADU R 3/1/2022 1 1 1 0 No No
353-202-04 24615 Via Vallarta Van Olterloo ADU 2022-08 ADU R 3/3/2022 1 1 1 0 No No 323-431-02 4950 Palm Ave O'Donnell ADU 2022-09 ADU R 3/3/2022 1 1 1 0 No No 323-144-13 17671 Bastanchury Arriaza ADU 2022-10 ADU R 3/11/2022 1 1 1 0 No No 329-111-17 5545 Blue Ridge Dr Ballesteros ADU 2022-11 ADU R 3/17/2022 1 1 0 No No
351-331-02 20820 Circulo Bajo Greenburg ADU 2022-12 ADU R 4/5/2022 1 1 1 0 No No
351-315-02 5247 Avenida de
Amor Nelson ADU 2022-13 ADU R 4/19/2022
1 1 1 0 No No
323-401-01 19404 Via del
Caballo Zhang ADU 2022-14 ADU R 5/3/2022
1 1 0 No No
343-661-25 5972 Ohio St Dyer ADU 2022-15 ADU R 5/4/2022 1 1 1 0 No No 343-341-10 5382 Highland Ave Bupte ADU 2022-16 ADU R 5/16/2022 1 1 0 No No 351-345-11 5525 Calle Vista
Linda Josheph ADU 2022-17 ADU R 5/17/2022
1 1 0 No No
326-152-24 3989 Jutland Ln Lee ADU 2022-18 ADU R 5/19/2022 1 1 0 No No 351-352-07 20671 Calle de
Ladera Kristoff ADU 2022-19 ADU R 5/25/2022
1 1 0 No No
323-144-12 17681 Bastanchury
Rd Glasby ADU 2022-21 ADU R 6/20/2022
1 1 0 No No
341-171-41 17550 Monetto
Circle Kaskas ADU 2022-22 ADU R 6/28/2022
1 1 1 0 No No
343-302-01 5712 Magnolia Ave Pinelli ADU 2022-23 ADU R 6/28/2022 1 1 1 0 No No
353-313-11 5435 La Grande Idom ADU 2022-24 ADU R 7/1/2022 1 1 1 0 No No 349-202-08 4426 Avenida de las
Flores Ni ADU 2022-25 ADU R 8/11/2022
1 1 0 No No
350-121-40 20670 Via Amarilla Kim ADU 2022-26 ADU R 8/12/2022 1 1 0 No No
322-164-07 17062 Los Angeles
St Becera ADU 2022-27 ADU R 8/26/2022
1 1 1 0 No No
341-152-11 5891 Rich Hill Way Petriccione ADU 2022-28 ADU R 8/29/2022 1 1 0 No No
322-131-07 17080 Wabash Ave Sun ADU 2022-29 ADU R 9/19/2022 1 1 1 0 No No
323-251-42 4618 Vallecito Dr Rechsteiner ADU 2022-30 ADU R 9/28/2022 1 1 1 0 No No 348-201-15 5335 Ohio St McAninch ADU 2022-31 ADU R 10/6/2022 1 1 0 No No 334-072-39 4441 Rose Dr Hovarter ADU 2022-32 ADU R 11/16/2022 1 1 0 No No 343-191-39 17795 Neff Ranch
Rd Dong ADU 2022-33 ADU R 11/17/2022
1 1 0 No No
323-482-47 4326 Hollow Tree Ct Alvarado ADU 2022-34 ADU R 12/6/2022 1 1 0 No No
343-561-05 18093 Blair Dr Seaton ADU 2022-35 ADU R 12/7/2022 1 1 0 No No Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted

Page 162 of 336 ends

Jurisdiction Yorba Linda ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 8 4 20 - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 3 3 7 - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 2 1 5 - - - - - - -
Above Moderate 742 - 2 30 - - - - - - - 32 710
2,415
13 10 62 - - - - - - - 85 2,330
5 6 7
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date Total Units
Remaining
- - - - - - - - - - - -
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
449
32 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
8 Moderate
765
451
457
Please contact HCD if your data is different than the material supplied here 13 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
733
438
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Page 163 of 336 ends

Table A2
2 3 5 6
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Summary Row: Start Data Entry Below #N/A 23 0 6 0 4 7 40 323-191-44 7095 Wooden Pl Krueger ADU 2022-01 ADU R 1 3/29/2022 1 349-204-18 4577 Via del Prado Shabafroozan ADU 2022-02 ADU R 1 5/12/2022 1 323-482-34 4197 Hidden Oaks Talley ADU 2022-03/YL0071606ADU R 1 3/31/2022 1 349-352-02 6132 Amberdale Schmus ADU 2022-04 ADU R 1 2/25/2022 1 323-361-09 4611 Palm Ave Lawrence ADU 2022-05 ADU R 1 2/24/2022 1 323-442-17 4522 Camela St Abo-Shadi ADU 2022-06 ADU R 1 3/28/2022 1 322-164-07 17062 Los Angeles
St Reyes ADU 2022-07 ADU R 1 3/31/2022
1 353-202-04 24615 Via Vallarta Van Olterloo ADU 2022-08 ADU R 1 3/7/2022 1 323-431-02 4950 Palm Ave O'Donnell ADU 2022-09 ADU R 1 3/7/2022 1 323-144-13 17665 Bastanchury Arriaza ADU 2022-10/YL0072046ADU R 1 3/31/2022 1 351-331-02 20822 Circulo Bajo Greenburg ADU 2022-12/YL0072797ADU R 1 5/9/2022 1 351-315-02 5245 Avenida de
Amor Nelson ADU 2022-13/YL0072532
ADU R 1 4/2/2022
1 323-401-01 19404 Via del
Caballo Zhang ADU 2022-14 ADU R 1 12/14/2022
1 343-661-25 5972 Ohio St Dyer ADU 2022-15 ADU R 1 6/6/2022 1 343-341-10 5382 Highland Ave Bupte ADU 2022-16 ADU R 1 7/27/2022 1 351-345-11 5525 Calle Vista
Linda Josheph ADU 2022-17 ADU R 1 5/20/2022
1 326-152-24 3989 Jutland Ln Lee ADU 2022-18 ADU R 1 1
351-352-07 20671 Calle de
Ladera Kristoff ADU 2022-19 ADU R 1 7/12/2022
1 323-144-12 17681 Bastanchury
Rd Glasby ADU 2022-21 ADU R 1 12/1/2022
1 341-171-41 17550 Monetto
Circle Kaskas ADU 2022-22 ADU R 1 7/15/2022
1 343-302-01 5710 Magnolia Ave Pinelli ADU 2022-23/YL0073429ADU R 1 8/25/2022 1 353-313-11 5435 La Grande Idom ADU 2022-24 ADU R 1 7/27/2022 1 349-202-08 4426 Avenida de
las Flores Ni ADU 2022-25 ADU R 1 8/30/2022
1 350-121-40 20670 Via Amarilla Kim ADU 2022-26 ADU R 1 8/25/2022 1 322-164-07 17062 Los Angeles
St Becera ADU 2022-27 ADU R 1 9/15/2022
1 341-152-11 5891 Rich Hill Way Petriccione ADU 2022-28 ADU R 1 6/26/2022 1 322-131-07 17080 Wabash
Ave Sun ADU 2022-29 ADU R 1 11/30/2022
1 323-251-42 4618 Vallecito Dr Rechsteiner ADU 2022-30 ADU R 1 10/19/2022 1 348-201-15 5335 Ohio St McAninch ADU 2022-31 ADU R 1 9/28/2022 1 334-072-39 4441 Rose Dr Hovarter ADU 2022-32 ADU R 1 11/21/2022 1 343-191-39 17795 Neff Ranch
Rd Dong ADU 2022-33 ADU R 1 11/29/2022
1 343-561-05 18093 Blair Dr Seaton ADU 2022-35 ADU R 1 12/15/2022 1 334-173-09 4781 Kona Kove Sorrells ADU 2022-36 ADU R 1 12/21/2022 1 350-152-26 4700 Via Amante Lundstedt ADU 2022-37 ADU R 1 12/16/2022 1 329-101-05 27085 Big Horn
Mountain Patel CUP 2022-08 SFD O 1 7/13/2022
1 351-792-01 21890 Cardiff Dr Chang CUP 2022-17 SFD O 1 7/13/2022 1 343-341-10 5382 Highland Ave YL-0073286 SFD O 1 9/1/2022 1 326-201-06
3961 Hollow Ridge
Ct YL-0073817 SFD O 1 11/9/2022 1
348-201-15 5335 Ohio St YL-0073855 SFD O 1 11/15/2022 1 1 4
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement

Page 164 of 336 ends

351-792-01 21890 Cardiff Dr YL-0074022 SFD
O1 12/6/2022
1 334-301-07 4821 Collins Lane Breedlove YL-0070331 ADU R
0 343-521-36 6021 Calle Mirador Tonelli YL-0067434 SFDO 0 343-521-36 6021 Calle Mirador Tonelli YL-0068942 ADU
R
0 334-212-19 17022 Rosebud Dr Ries YL-0070829 ADU
R
0 323-161-06 18074 Clove Dr YL-0071636 SFD
O
0 323-161-06 18094 Clove Dr YL-0071638 SFD
O
0 323-161-06 18084 Clove Dr YL-007139 SFD
O
0 343-341-29 17833 Buena Vista Brathwaite YL-0071355 ADU R
0 329-073-05 5130 Woodland
Ave Panicker YL-0070593 ADU
R
0 334-101-02 17763 Lerene Dr YL-0067380 ADU
R
0 323-381-10 19454 Via del
Caballo YL-0068291 SFD
R
0 334-101-28 17809 Christie Dr Jaber YL-0071247 ADU
R
0 334-361-23 17061 El Cajon
Ave YL-0666663 SFD
O
0 334-231-54 17084 Rancho
Lane Greaves YL-0069095 ADU
R
0 323-361-26 19114 Oro Verde
Lane Lin YL-0070587 ADU
R
0 349-371-24 19771 Marsala Dr Estebane YL-0071466 ADU
R
0 348-261-04 5792 Grandview
Ave YL-0069332 ADU
R
0 334-041-22 16624 Sanlo St YL-0068477 ADU
R
0 343-522-05 6024 Short St YL-0069537 SFDO
0 343-111-30 17966 Anna Marie
Rd YL-0069283 SFD
O
0 343-101-13 17959 Caballo Slawson YL-0071717 ADU
R
0 334-371-08 4714 Woodhaven Boland YL-0067214 ADU
R
0 323-161-06 18034 Clove Dr YL-0072850 SFD
O
0 323-161-06 18044 Clove Dr YL-0072852 SFD
O
0 323-161-06 18054 Clove Dr YL-0072861 SFD
O
0 323-161-06 18064 Clove Dr YL-0072865 SFD
O
0 350-042-02 20645 Mirkwood
Run YL-0065646 SFD
O
0 322-061-01 3516 Rose Dr Ozima YL-0070358 ADU
R
0 349-741-59 19885 Via Natalie YL-0069149 ADU
R
0 351-311-02 20825 Paseo Alto Deeley YL-0070201 ADU
R
0 323-091-21 4334 Eureka Ave Castro YL-0070804 ADU
R
0 341-191-18 5562 Raintree Hata YL-0069101 ADU
R
0 323-141-31 4211 Denver Lawrence YL-0070651 ADU
R
0 343-321-03 5887 Lakeview Beverage YL-0072145 ADU
R
0 343-191-04 17795 Neff Ranch
Rd Dong YL-0070278 SFD
O
0 323-201-20 4011 Elsie Dr YL-0070739 ADU
R
0 348-131-13 18963 Montecito Dr Erfort YL-0071260 ADU
R
0 323-451-45 18921 Hideaway Dr YL-0072928 ADUR
0 323-151-03 18014 Clove Dr YL-0073571 SFDO
0 323-151-03 18024 Clove Dr YL-0073645 SFDO
0 323-151-03 4341 Cilantro Dt YL-0073647 SFD
O
0 323-151-03 4351 Cilantro Ct YL-0073648 SFD
O
0 323-151-03 18075 Lemongrass
Ave YL-0073757 SFD
O
0 323-151-03 18045 Lemongrass
Ave YL-0073760 SFD
O
0 323-151-03 18104 Clove Dr YL-0073762 SFDO
0 323-151-03 4371 Cilantro Ct YL-0073767 SFD
O
0 323-151-03 18095 Lemongrass
Ave YL-0073769 SFD
O
0 323-151-03 18015 Lemongrass
Ave YL-0073770 SFD
O
0 323-151-03 18065 Lemongrass
Ave YL-0073771 SFD
O
0 323-151-03 18025 Lemongrass
Ave YL-0073773 SFD
O
0 323-151-03 18085 Lemongrass
Ave YL-0073780 SFD
O
0 323-151-03 4361 Cilantro Ct YL-0073781 SFD
O
0 323-151-03 18055 Lemongrass
Ave YL-0073783 SFD
O
0 323-151-03
18035 Lemongrass
Ave YL-0073784 SFD
O
0 343-461-02 18220 Via Madera Richardson YL-0070042 ADU R
0 323-451-21 4521 Ohio St Dong YL-0068749 ADU R
0

Page 165 of 336 ends

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 8 9
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
0 20 0 7 0 5 30 62
323-191-44 7095 Wooden Pl Krueger 0
349-204-18 4577 Via del Prado Shabafroozan 0
323-482-34 4197 Hidden Oaks Talley 1 6/22/2022 1
349-352-02 6132 Amberdale Schmus 0
323-361-09 4611 Palm Ave Lawrence 0
323-442-17 4522 Camela St Abo-Shadi 0
322-164-07 17062 Los Angeles
St Reyes 0
353-202-04 24615 Via Vallarta Van Olterloo 0
323-431-02 4950 Palm Ave O'Donnell 0
323-144-13 17665 Bastanchury Arriaza 1 10/12/2022 1
351-331-02 20822 Circulo Bajo Greenburg 1 10/27/2022 1
351-315-02 5245 Avenida de
Amor Nelson 1 9/15/2022 1
323-401-01 19404 Via del
Caballo Zhang 0
343-661-25 5972 Ohio St Dyer 0
343-341-10 5382 Highland Ave Bupte 0
351-345-11 5525 Calle Vista
Linda Josheph 0
326-152-24 3989 Jutland Ln Lee 0
351-352-07 20671 Calle de
Ladera Kristoff 0
323-144-12 17681 Bastanchury
Rd Glasby 0
341-171-41 17550 Monetto
Circle Kaskas 0
343-302-01 5710 Magnolia Ave Pinelli 1 11/3/2022 1
353-313-11 5435 La Grande Idom 0
349-202-08 4426 Avenida de
las Flores Ni 0
350-121-40 20670 Via Amarilla Kim 0
322-164-07 17062 Los Angeles
St Becera 0
341-152-11 5891 Rich Hill Way Petriccione 0
322-131-07 17080 Wabash Ave Sun 0
7 Project Identifier Affordability by Household Incomes - Building Permits

Page 166 of 336 ends

323-251-42 4618 Vallecito Dr Rechsteiner
0 348-201-15 5335 Ohio St McAninch
0 334-072-39 4441 Rose Dr Hovarter
0 343-191-39 17795 Neff Ranch
Rd Dong
0 343-561-05 18093 Blair Dr Seaton
0 334-173-09 4781 Kona Kove Sorrells
0 350-152-26 4700 Via Amante Lundstedt
0 329-101-05 27085 Big Horn
Mountain Patel
0 351-792-01 21890 Cardiff Dr Chang
0 343-341-10 5382 Highland Ave
0 326-201-06
3961 Hollow Ridge
Ct
0 348-201-15 5335 Ohio St
0 351-792-01 21890 Cardiff Dr0
334-301-07 4821 Collins Lane Breedlove
1 1/3/2022
1 343-521-36 6021 Calle Mirador Tonelli1 1/25/2022
1 343-521-36 6021 Calle Mirador Tonelli
1 1/25/20221
334-212-19 17022 Rosebud Dr Ries
1 2/23/2022
1 323-161-06 18074 Clove Dr1 3/10/20221
323-161-06 18094 Clove Dr
1 3/10/2022
1 323-161-06 18084 Clove Dr
1 3/10/2022
1 343-341-29 17833 Buena Vista Brathwaite
1 3/17/2022
1 329-073-05 5130 Woodland
Ave Panicker
1 3/24/20221
334-101-02 17763 Lerene Dr1 3/24/20221
323-381-10 19454 Via del
Caballo
1 4/4/2022
1 334-101-28 17809 Christie Dr Jaber
1 4/5/20221
334-361-23 17061 El Cajon Ave
1 4/5/20221
334-231-54 17084 Rancho
Lane Greaves
1 4/12/20221
323-361-26 19114 Oro Verde
Lane Lin
1 4/20/20221
349-371-24 19771 Marsala Dr Estebane
1 5/24/20221
348-261-04 5792 Grandview
Ave
1 5/30/20221
334-041-22 16624 Sanlo St1 6/9/2022
1 343-522-05 6024 Short St1 6/28/20221
343-111-30 17966 Anna Marie
Rd
1 6/30/20221
343-101-13 17959 Caballo Slawson
1 7/15/20221
334-371-08 4714 Woodhaven Boland
1 7/20/20221
323-161-06 18034 Clove Dr
1 7/21/20221
323-161-06 18044 Clove Dr
1 7/21/20221
323-161-06 18054 Clove Dr
1 7/21/20221
323-161-06 18064 Clove Dr
1 7/21/20221
350-042-02 20645 Mirkwood
Run
1 7/26/20221
322-061-01 3516 Rose Dr Ozima
1 7/27/20221
349-741-59 19885 Via Natalie1 7/28/20221
351-311-02 20825 Paseo Alto Deeley
1 8/9/20221
323-091-21 4334 Eureka Ave Castro
1 8/18/20221
341-191-18 5562 Raintree Hata
1 9/1/20221
323-141-31 4211 Denver Lawrence
1 10/4/20221
343-321-03 5887 Lakeview Beverage
1 10/5/20221

Page 167 of 336 ends

343-191-04 17795 Neff Ranch
Rd Dong
1 10/10/20221
323-201-20 4011 Elsie Dr1 10/20/20221
348-131-13 18963 Montecito Dr Erfort
1 11/2/20221
323-451-45 18921 Hideaway Dr
1 11/7/20221
323-151-03 18014 Clove Dr1 11/30/2022
1 323-151-03 18024 Clove Dr
1 11/30/20221
323-151-03 4341 Cilantro Dt1 11/30/20221
323-151-03 4351 Cilantro Ct
1 11/30/20221
323-151-03 18075 Lemongrass
Ave
1 12/15/2022
1 323-151-03 18045 Lemongrass
Ave
1 12/15/2022
1 323-151-03 18104 Clove Dr1 12/15/20221
323-151-03 4371 Cilantro Ct1 12/15/20221
323-151-03 18095 Lemongrass
Ave
1 12/15/2022
1 323-151-03 18015 Lemongrass
Ave
1 12/15/20221
323-151-03 18065 Lemongrass
Ave
1 12/15/20221
323-151-03 18025 Lemongrass
Ave
1 12/15/2022
1 323-151-03 18085 Lemongrass
Ave
1 12/15/20221
323-151-03 4361 Cilantro Ct
1 12/15/20221
323-151-03 18055 Lemongrass
Ave
1 12/15/20221
323-151-03
18035 Lemongrass
Ave
1 12/15/20221
343-461-02 18220 Via Madera Richardson
1 12/29/20221
323-451-21 4521 Ohio St Dong1 12/31/20221
349-881-22 20550 Via
Campanas
1 12/31/20221
348-201-15 5335 Ohio St McAninch
00000000000000000000000

Page 168 of 336 ends

Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units 11 12
Current APN Street Address Project Name+
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
0 8 0 3 0 2 2 15
323-191-44 7095 Wooden Pl Krueger 0
349-204-18 4577 Via del Prado Shabafroozan 0
323-482-34 4197 Hidden Oaks Talley 0
349-352-02 6132 Amberdale Schmus 0
323-361-09 4611 Palm Ave Lawrence 0
323-442-17 4522 Camela St Abo-Shadi 0
322-164-07 17062 Los Angeles
St Reyes 0
353-202-04 24615 Via Vallarta Van Olterloo 0
323-431-02 4950 Palm Ave O'Donnell 0
323-144-13 17665 Bastanchury Arriaza 1 10/12/2022 1
351-331-02 20822 Circulo Bajo Greenburg 0
351-315-02 5245 Avenida de
Amor Nelson 0
323-401-01 19404 Via del
Caballo Zhang 0
343-661-25 5972 Ohio St Dyer 0
343-341-10 5382 Highland Ave Bupte 0
351-345-11 5525 Calle Vista
Linda Josheph 0
326-152-24 3989 Jutland Ln Lee 0
351-352-07 20671 Calle de
Ladera Kristoff 0
323-144-12 17681 Bastanchury
Rd Glasby 0
341-171-41 17550 Monetto
Circle Kaskas 0
343-302-01 5710 Magnolia Ave Pinelli 0
353-313-11 5435 La Grande Idom 0
349-202-08 4426 Avenida de
las Flores Ni 0
350-121-40 20670 Via Amarilla Kim 0
322-164-07 17062 Los Angeles
St Becera 0
341-152-11 5891 Rich Hill Way Petriccione 0
322-131-07 17080 Wabash Ave Sun 0
Affordability by Household Incomes - Certificates of Occupancy 10 Project Identifier

Page 169 of 336 ends

323-251-42 4618 Vallecito Dr Rechsteiner
0 348-201-15 5335 Ohio St McAninch
0 334-072-39 4441 Rose Dr Hovarter
0 343-191-39 17795 Neff Ranch
Rd Dong
0 343-561-05 18093 Blair Dr Seaton
0 334-173-09 4781 Kona Kove Sorrells
0 350-152-26 4700 Via Amante Lundstedt
0 329-101-05 27085 Big Horn
Mountain Patel
0 351-792-01 21890 Cardiff Dr Chang
0 343-341-10 5382 Highland Ave0
326-201-06
3961 Hollow Ridge
Ct
0 348-201-15 5335 Ohio St
0 351-792-01 21890 Cardiff Dr0
334-301-07 4821 Collins Lane Breedlove
0 343-521-36 6021 Calle Mirador Tonelli
1 1/25/20221
343-521-36 6021 Calle Mirador Tonelli
1 1/25/20221
334-212-19 17022 Rosebud Dr Ries
0 323-161-06 18074 Clove Dr0
323-161-06 18094 Clove Dr
0 323-161-06 18084 Clove Dr0
343-341-29 17833 Buena Vista Brathwaite
0 329-073-05 5130 Woodland
Ave Panicker
1 12/16/20221
334-101-02 17763 Lerene Dr1 3/24/20221
323-381-10 19454 Via del
Caballo
0 334-101-28 17809 Christie Dr Jaber
0 334-361-23 17061 El Cajon Ave0
334-231-54 17084 Rancho
Lane Greaves
1 4/12/20221
323-361-26 19114 Oro Verde
Lane Lin
0 349-371-24 19771 Marsala Dr Estebane
0 348-261-04 5792 Grandview
Ave
0 334-041-22 16624 Sanlo St1 6/9/20221
343-522-05 6024 Short St0
343-111-30 17966 Anna Marie
Rd
0 343-101-13 17959 Caballo Slawson
0 334-371-08 4714 Woodhaven Boland1 7/20/20221
323-161-06 18034 Clove Dr
0 323-161-06 18044 Clove Dr
0 323-161-06 18054 Clove Dr
0 323-161-06 18064 Clove Dr
0 350-042-02 20645 Mirkwood
Run
1 7/26/20221
322-061-01 3516 Rose Dr Ozima
1 7/28/20221
349-741-59 19885 Via Natalie1 7/28/20221
351-311-02 20825 Paseo Alto Deeley
1 8/9/20221
323-091-21 4334 Eureka Ave Castro
1 8/18/2022
1 341-191-18 5562 Raintree Hata
1 9/1/20221
323-141-31 4211 Denver Lawrence
1 10/4/20221
343-321-03 5887 Lakeview Beverage
0

Page 170 of 336 ends

343-191-04 17795 Neff Ranch
Rd Dong
0 323-201-20 4011 Elsie Dr
0 348-131-13 18963 Montecito Dr Erfort
0 323-451-45 18921 Hideaway Dr
0 323-151-03 18014 Clove Dr
0 323-151-03 18024 Clove Dr0
323-151-03 4341 Cilantro Dt
0 323-151-03 4351 Cilantro Ct
0 323-151-03 18075 Lemongrass
Ave
0 323-151-03 18045 Lemongrass
Ave
0 323-151-03 18104 Clove Dr0
323-151-03 4371 Cilantro Ct0
323-151-03 18095 Lemongrass
Ave
0 323-151-03 18015 Lemongrass
Ave
0 323-151-03 18065 Lemongrass
Ave
0 323-151-03 18025 Lemongrass
Ave
0 323-151-03 18085 Lemongrass
Ave
0 323-151-03 4361 Cilantro Ct
0 323-151-03 18055 Lemongrass
Ave
0 323-151-03
18035 Lemongrass
Ave
0 343-461-02 18220 Via Madera Richardson
0 323-451-21 4521 Ohio St Dong0
349-881-22 20550 Via
Campanas
0 348-201-15 5335 Ohio St McAninch
00000000000000000000000

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Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction
13 14 15 16 17 18 19 20 21 22 23 24
Current APN Street Address Project Name+
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple
- see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
0 0 0 0
323-191-44 7095 Wooden Pl Krueger 0 N ADU Affordability Survey 349-204-18 4577 Via del Prado Shabafroozan 0 N SCAG ADU Affordability Analysis 323-482-34 4197 Hidden Oaks Talley 0 N ADU Affordability Survey 349-352-02 6132 Amberdale Schmus 0 N SCAG ADU Affordability Analysis 323-361-09 4611 Palm Ave Lawrence 0 N ADU Affordability Survey 323-442-17 4522 Camela St Abo-Shadi 0 N SCAG ADU Affordability Analysis 322-164-07 17062 Los Angeles
St Reyes 0 N SCAG ADU Affordability Analysis
353-202-04 24615 Via Vallarta Van Olterloo 0 N ADU Affordability Survey 323-431-02 4950 Palm Ave O'Donnell 0 N SCAG ADU Affordability Analysis 323-144-13 17665 Bastanchury Arriaza 0 N ADU Affordability Survey 351-331-02 20822 Circulo Bajo Greenburg 0 N SCAG ADU Affordability Analysis 351-315-02 5245 Avenida de
Amor Nelson 0 N ADU Affordability Survey
323-401-01 19404 Via del
Caballo Zhang 0 N SCAG ADU Affordability Analysis
343-661-25 5972 Ohio St Dyer 0 N ADU Affordability Survey 343-341-10 5382 Highland Ave Bupte 0 N ADU Affordability Survey 351-345-11 5525 Calle Vista
Linda Josheph 0 N ADU Affordability Survey
326-152-24 3989 Jutland Ln Lee 0 N SCAG ADU Affordability Analysis 351-352-07 20671 Calle de
Ladera Kristoff 0 N ADU Affordability Survey
323-144-12 17681 Bastanchury
Rd Glasby 0 N ADU Affordability Survey
341-171-41 17550 Monetto
Circle Kaskas 0 N ADU Affordability Survey
343-302-01 5710 Magnolia Ave Pinelli 0 N SCAG ADU Affordability Analysis 353-313-11 5435 La Grande Idom 0 N ADU Affordability Survey 349-202-08 4426 Avenida de
las Flores Ni 0 N ADU Affordability Survey
350-121-40 20670 Via Amarilla Kim 0 N SCAG ADU Affordability Analysis 322-164-07 17062 Los Angeles
St Becera 0 N ADU Affordability Survey
341-152-11 5891 Rich Hill Way Petriccione 0 N ADU Affordability Survey 322-131-07 17080 Wabash Ave Sun 0 N ADU Affordability Survey 323-251-42 4618 Vallecito Dr Rechsteiner 0 N SCAG ADU Affordability Analysis 348-201-15 5335 Ohio St McAninch 0 N ADU Affordability Survey 334-072-39 4441 Rose Dr Hovarter 0 N SCAG ADU Affordability Analysis 343-191-39 17795 Neff Ranch
Rd Dong 0 N ADU Affordability Survey
343-561-05 18093 Blair Dr Seaton 0 N ADU Affordability Survey 334-173-09 4781 Kona Kove Sorrells 0 N ADU Affordability Survey 350-152-26 4700 Via Amante Lundstedt 0 N ADU Affordability Survey 329-101-05 27085 Big Horn
Mountain Patel 0 N
351-792-01 21890 Cardiff Dr Chang 0 N
343-341-10 5382 Highland Ave 0 N
326-201-06
3961 Hollow Ridge
Ct 0 N
348-201-15 5335 Ohio St 0 N
351-792-01 21890 Cardiff Dr 0 N
334-301-07 4821 Collins Lane Breedlove 0 N SCAG ADU Affordability Analyisis 343-521-36 6021 Calle Mirador Tonelli 0 N
343-521-36 6021 Calle Mirador Tonelli 0 N SCAG ADU Affordability Analyisis 334-212-19 17022 Rosebud Dr Ries 0 N SCAG ADU Affordability Analyisis 323-161-06 18074 Clove Dr 0 N
323-161-06 18094 Clove Dr 0 N
323-161-06 18084 Clove Dr 0 N
343-341-29 17833 Buena Vista Brathwaite 0 N SCAG ADU Affordability Analyisis 329-073-05 5130 Woodland
Ave Panicker 0 N SCAG ADU Affordability Analyisis
334-101-02 17763 Lerene Dr 0 N SCAG ADU Affordability Analyisis 323-381-10 19454 Via del
Caballo 0 N
334-101-28 17809 Christie Dr Jaber 0 N SCAG ADU Affordability Analyisis 334-361-23 17061 El Cajon Ave 0 N
334-231-54 17084 Rancho
Lane Greaves 0 N ADU Affordability Survey
323-361-26 19114 Oro Verde
Lane Lin 0 N ADU Affordability Survey
349-371-24 19771 Marsala Dr Estebane 0 N ADU Affordability Survey 348-261-04 5792 Grandview
Ave 0 N SCAG ADU Affordability Analyisis
334-041-22 16624 Sanlo St 0 N SCAG ADU Affordability Analyisis Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units Density Bonus

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343-522-05 6024 Short St 0 N
343-111-30 17966 Anna Marie
Rd 0 N
343-101-13 17959 Caballo Slawson 0 N SCAG ADU Affordability Analyisis 334-371-08 4714 Woodhaven Boland 0 N SCAG ADU Affordability Analyisis 323-161-06 18034 Clove Dr 0 N
323-161-06 18044 Clove Dr 0 N
323-161-06 18054 Clove Dr 0 N
323-161-06 18064 Clove Dr 0 N
350-042-02 20645 Mirkwood
Run 0 N
322-061-01 3516 Rose Dr Ozima 0 N ADU Affordability Survey 349-741-59 19885 Via Natalie 0 N ADU Affordability Survey 351-311-02 20825 Paseo Alto Deeley 0 N SCAG ADU Affordability Analyisis 323-091-21 4334 Eureka Ave Castro 0 N SCAG ADU Affordability Analyisis 341-191-18 5562 Raintree Hata 0 N ADU Affordability Survey 323-141-31 4211 Denver Lawrence 0 N ADU Affordability Survey 343-321-03 5887 Lakeview Beverage 0 N SCAG ADU Affordability Analyisis 343-191-04 17795 Neff Ranch
Rd Dong 0 N
323-201-20 4011 Elsie Dr 0 N SCAG ADU Affordability Analyisis 348-131-13 18963 Montecito Dr Erfort 0 N ADU Affordability Survey 323-451-45 18921 Hideaway Dr 0 N SCAG ADU Affordability Analyisis 323-151-03 18014 Clove Dr 0 N
323-151-03 18024 Clove Dr 0 N
323-151-03 4341 Cilantro Dt 0 N
323-151-03 4351 Cilantro Ct 0 N
323-151-03 18075 Lemongrass
Ave 0 N
323-151-03 18045 Lemongrass
Ave 0 N
323-151-03 18104 Clove Dr 0 N
323-151-03 4371 Cilantro Ct 0 N
323-151-03 18095 Lemongrass
Ave 0 N
323-151-03 18015 Lemongrass
Ave 0 N
323-151-03 18065 Lemongrass
Ave 0 N
323-151-03 18025 Lemongrass
Ave 0 N
323-151-03 18085 Lemongrass
Ave 0 N
323-151-03 4361 Cilantro Ct 0 N
323-151-03 18055 Lemongrass
Ave 0 N
323-151-03
18035 Lemongrass
Ave 0 N
343-461-02 18220 Via Madera Richardson 0 N SCAG ADU Affordability Analysis 323-451-21 4521 Ohio St Dong 0 N SCAG ADU Affordability Analysis 349-881-22 20550 Via
Campanas 0 N SCAG ADU Affordability Analysis
348-201-15 5335 Ohio St McAninch 0 N

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Jurisdiction Yorba Linda ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029 Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above ModerateIncome Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
3 8
Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

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Jurisdiction Yorba Linda
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1. Residential
Rehabilitation
Assist 10 households annually, or 80 over
the 2014-2021 period. 2021-2029 In 2022, the City assisted 18 households through its residential rehabilitation program.

2. Housing Community
Preservation and
Abatement
Continue to operate the Community
Preservation Program. 2021-2029 The City continues to operate the Community Preservation Program.

3. Multifamily Acquisition
and Improvement
Identify deteriorated apartments, and reach
out to property owners and non-profits at
least twice during the planning period to
identify opportunities and to secure funds to
acquire & rehabilitate units. Assist in
preparing applications for funding.

Annually monitor the
availability of LIHTC to
determine funding feasibility
for acq/rehab projects.

Reach out to non-profits at
least twice during planning
period.

Most affordable housing developers, owners, builders recognize the process and that RDA’s no longer have housing monies for gap financing; however, the City will reach out to non-profits at least twice during the planning period.

4. Section 8 Rental
Assistance
Continue current levels of Section 8;
Outreach to landlords to encourage their
participation.

Landlord outreach 2022-
2023
The City continues to offer Section 8 through the County and will outreach to landlords to encourage their participation.

5. Affordable Housing
Development Assistance
Incentives include:
- Flexible development standards
- Density bonuses
- Financial assistance
- Land write-downs
Transfer land to Orange Housing
Development Corp (OHDC) for
development of Altrudy II affordable senior
housing.
2021-2029
Transfer land to OHDC in
2023.

Contact owners of Bryant
Apts in 2022 re: est. rent
restrictions.

The City has not yet to transfered land to OHDC since Measure Z failed in November 2022. OHDC will close escrow on the property once zoning is in place.

The City made contact with The Bryant Apts in 2021 as it relates to the existing affordability requirement.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation

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6. Mortgage Assistance
Program
Provide “silent second” loans to at least 5
first time homebuyers. 2021-2029 The City continues to offer this program; however, no new loans were approved in 2022.

7. Sustainability and Green
Building
Implement sustainability policies thru
General Plan, Town Center, and Multifamily Design Guidelines. Educate residents and development community on
Green Building and sustainability practices.
2021-2029
The City continues to implement sustainability policies thru General Plan, Town Center, and Multi-family Design Guidelines and to educate residents and development community on Green Building and sustainability practices.

8. Housing Opportunity
Sites and Rezone Program
1) Conduct public hearings and adopt
Housing Element; 2) Prepare and adopt
new housing overlay zones; 3) Conduct
Measure B vote on rezone sites; 4) Rezone
sites accordingly, and process ministerially
consistent with requirements under
Government Code section 65584.09.

Complete Measure B
rezoning in Nov 2022. If
shortfall in sites to meet
RHNA, conduct outreach on
alternative site options
(2023); amend Element for
HCD review by early 2024;
conduct 2nd Measure B vote
in Nov 2024.

The City Council approved the rezoning of 20 Housing Element sites contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City will move forward with public outreach on alternative site options for reconsideration by HCD and ultimately the voters. This effort should be completed by November 2024.
8a. Lot Consolidation
Program
Conduct outreach to property owners in the
Housing Element rezone sites and adopt a
Lot Consolidation Ordinance to codify
available incentives.

Adopt Ordinance in 2022.

Conduct a mid-cycle review
in 2025 and make
modifications as necessary
to promote housing on small
sites.

The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

9. Affordable Housing
Overlay (AHO)
Create AHO to provide incentives for
affordable housing on designated sites:
- Increased densities
- Increased heights
- Increased floor areas
- Reduced open space
Adopt Zoning Code
amendment in Spring 2022.

The City Council adopted the Affordable Housing Overlay in August 2022; however, this was contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%.

Consistent with the Housing Element, the City will move forward with public outreach on alternative site options for reconsideration by HCD and ultimately the voters. This effort should be completed by November 2024.

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10. Commercial Mixed Use
Overlay
Develop new Commercial Mixed-Use
Overlay
Adopt Zoning Code
amendment in Spring 2022.

The City Council adopted the Mixed Use Overlay in August 2022; however, this was contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%. Consistent with the Housing Element, the City will move forward with public outreach on alternative site options for reconsideration by HCD and ultimately the voters. This effort should be completed by November 2024.

11.Congregational Land
Overlay
Develop new Congregational Land Overlay
and help to connect congregations with
affordable housing development partners.

Adopt Zoning Code
amendment in Spring 2022.

Conduct follow-up meeting
w/h congregations (2023).

The City Council adopted the Congregational Lands Overlay in August 2022; however, this was contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%.

12. Promote Accessory
Dwelling Units
Achieve production of 50 ADUs annually.

Implement Pilot Program to waive ADU
plan check and permit fees. Research
program for funding assistance for deed
restricted ADUs. Provide pre-approved
construction plans. Promote ADUs through
handouts, simplified forms and website.

Conduct mid-cycle review on production.

Reassess Pilot Program for
fee waivers in 2023. Provide
pre-approved plans and
promotional materials in
2022. Research funding
assistance in 2022, and est.
pilot program in 2024 as
appropriate. Conduct
reviews in 2024, 2026 &
2028, and if production
falling short, ensure
adequate sites to meet lower
income RHNA or commit to
rezoning.

The City implemented a fee waiver pilot program for ADUs through June 30, 2023. Since implementing the fee waiver program, the City has seen a significant increase in ADU applications. In 2022, there were 45 new ADU applications submitted. Permits were issued for 30 ADUs in 2022, which is a significant increase from 8 ADUs permitted in 2021.

13. Annexation of Areas in
Sphere of Influence
Coordinate with the County and property
owners to potentially annex Esperanza Hills
during the planning period should the
project obtain final entitlement approval.
2021-2029
The City continues to coordinate with the County and property owners to potentially annex Esperanza Hills during the planning period should the project obtain final entitlement approval.

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14. Measure B
Establish overlay zones; rezone sites;
accommodate housing near jobs/ transit.

Provide City Council greater discretion in
rezoning for and approving affordable
housing.

Begin evaluating options to
modify Measure B in 2023,
and by 2025, initiate ballot
measure or other alternative
option.

The City Council adopted the three overlay zones outlined in Programs 10, 11, and 12; however, these were contingent upon voter approval as required by the Yorba Linda Right-to-Vote Amendment (also known as Measure B). The City Council authorized Measure Z to be included on the November 2022 General Election. Measure Z was defeated 75% to 25%.

15. Multi-family
Development Standards
and Processing
Procedures
Implement multi-family development
standards and Design Guidelines to
promote approval certainty, mitigate
development costs and support quality,
sustainable multi-family housing.
2021-2029
The City continues to implement its multi-family development standards and Design Guidelines to promote approval certainty, mitigate development costs and support quality, sustainable multi-family housing.

16. Affordable Housing
Density Bonus
Promote density bonus and other regulatory
incentives in conjunction with discussions
with applicants.

Update the ordinance in
2022 consistent with current
state statutes.

The City continues to promote density bonus and other regulatory incentives in conjunction with discussions with applicants

17. Administrative
Adjustment Process
Continue to use the administrative process
for specific adjustments to residential uses. 2021-2029 The City continues to use the administrative process for specific adjustments to residential uses.

18. Zoning Text
Amendment for Special
Needs Housing
Amend the Zoning Code to support a
variety of housing types for special needs
populations.

Amend the Zoning Code in
2022.

The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

19. SB 35 Streamlining
Create an SB 35 checklist and written
procedures for processing SB 35
applications
Create checklist and
processing procedures in
2022.

The City began working on creating a checklist and processing procedures for SB 35 applications. This should be completed in 2023.

20. Fair Housing/
Affirmatively Furthering
Fair Housing
Refer to objectives in Table V-4 Refer to time frames in Table V-4
The City continues to implement the objectives for affirmatively furthering fair housing per the objectives outlined in Table V-4.

21. Housing Opportunities
for Persons with
Disabilities
Work with OCRC to publicize info on
resources. Pursue State and Federal
funding. Amend the Municipal Code re:
community care facilities of more than six
persons and to expand reasonable
accommodation provisions.

Annually reach out to
developers re: affordable
housing opportunities and
pursue supportive housing
funding. Amend the Code by
2023.

The City continues to work with OCRC to publicize info on resources. Pursue State and Federal funding.

22. Replacement Housing
Program
Update Code to specify replacement
housing requirements consistent with
Government Code 65583.2(g)(3).

Update Code within one year
of Housing Element adoption
The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

23. Housing for Extremely
Low Income (ELI)
Households
Create off-the-shelf ADU plans, pursue
funding program for deed-restricted ADUs,
amend Code to specify incentives for ELI
housing
Amend Zoning Code in
2022.

The City was focused on rezoning efforts as required under Program 8. The City will begin implementation of this program in 2023.

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Jurisdiction Yorba Linda
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 0
Non-Deed Restricted 20
Deed Restricted 0
Non-Deed Restricted 7
Deed Restricted 0
Non-Deed Restricted 5
30 62
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 7 30 2
2 to 4 0 0 0
5+ 0 0 0
ADU 33 32 13
MH 0 0 0
Total 40 62 15
39 39
17 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate

Page 179 of 336 ends

Jurisdiction Yorba Linda
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding
Notes
Housing Needs Assessment $10,000.00 $0.00 Other General Fund Identify Potential Housing
Constraints $10,000.00 $0.00 Other General Fund
Identify Housing Resources $5,000.00 $0.00 Other General Fund Create Housing Plan $15,000.00 $0.00 Other General Fund Draft Housing Element $40,000.00 $0.00 Other General Fund Public Hearings/Workshops $125,000.00 $0.00 Other General Fund CEQA $95,000.00 $0.00 Other General Fund
Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted #N/A
Non-Deed Restricted 23
Deed Restricted 0
Non-Deed Restricted 6
Deed Restricted 0
Non-Deed Restricted 4
7 #N/A
Current Year
Deed Restricted 0
Non-Deed Restricted 20
Deed Restricted 0
Non-Deed Restricted 7
Deed Restricted 0
Non-Deed Restricted 5
30 62
Current Year
Deed Restricted 0
Non-Deed Restricted 8
Deed Restricted 0
Non-Deed Restricted 3
Deed Restricted 0
Non-Deed Restricted 2
2 15
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
Completed
Completed
Completed

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ 300,000.00 Task Status
Completed
Completed

Page 180 of 336 ends

MARCH 21, 2023 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 5 – 2022 GENERAL PLAN ANNUAL

PROGRESS REPORT

REVISIONS RECEIVED AFTER POSTING OF AGENDA

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PUBLIC WORKS DEPARTMENT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENGINEER PREPARED BY: AUSTIN POSTOVOIT, SENIOR MANAGEMENT ANALYST SUBJECT: ADOPTION OF RESOLUTION NO. 2023-5842 INITIATING PROCEEDINGS

RELATIVE TO LEVYING ANNUAL STREET LIGHTING AND LANDSCAPE

MAINTENANCE ASSESSMENT DISTRICT (LMAD) ASSESSMENTS FOR
FISCAL YEAR 2023/2024

RECOMMENDATION
It is recommended that the City Council:

1. Adopt proposed Resolution No. 2023-5842, initiating proceedings to levy annual assessments for Fiscal Year 2023/2024 for the Street Lighting and Landscape Maintenance Assessment District (LMAD), and ordering the Engineer to prepare and file a report in accordance with the Landscaping and Lighting Act of 1972 (Streets and Highways Code); and

2. Approve Amendment No. 1 to the Professional Services Agreement with Willdan Financial Services (No. 21220097) in an amount of $40,500; and

3. Authorize the City Manager to sign and execute the above-listed amendment on behalf of the City Council.

BACKGROUND
The City’s LMAD was formed pursuant to the Landscaping and Lighting Act of 1972, which is included in the State of California Streets and Highways Code Division 15, Part 2, and the provisions of the California Constitution, Article XIII D (commonly referred to as Proposition 218). Under such provisions, the City annually levies and collects special assessments for the City’s LMAD in order to provide and maintain various landscaping, lighting and traffic signal improvements throughout the City that provide benefits to properties within the LMAD.

To that end, annually, the City is required to prepare an Engineer’s Report identifying the proposed assessments for the fiscal year and setting forth the proposed changes and/or new improvements as well as describing the servicing, maintenance, and operation of the public lighting and landscaping maintenance facilities within the City. The City has an existing professional services agreement with Willdan Financial Services (Willdan) to prepare the Engineer’s Report and perform associated services.

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A D O P T I O N O F R E S O L U T I O N N O . 2023 - 5 8 4 2 I N I T I A T I N G

P R O C E E D I N G S R E L A T I V E T O L E V Y I N G A N N U A L S T R E E T L I G H T I N G

A N D L A N D S C A P E M A I N T E N A N C E A S S E S S M E N T D I S T R I C T ( L M A D ) A S S E S S M E N T S F O R F I S C A L Y E A R 2 0 2 3 / 2 0 2 4 P a g e | 2
In addition to providing for the preparation of the annual Engineer’s Report, the professional services agreement with Willdan also includes a scope component for as needed engineering and associated services. The majority of the additional services relate to the provision of specific standalone Proposition 218 studies, reports and balloting services for underfunded LMAD zones.

DISCUSSION
The proposed Resolution orders the preparation and filing of an Engineer’s Report in accordance with the Streets and Highways Code of the State of California (Section 22622).

The LMAD is an allowable method to service, maintain and operate street lighting, traffic signals, and landscape improvements and facilities, with the special benefit costs of those various improvements being proportionately assessed on those properties within the District that receive special benefits from the servicing, maintenance, and operation of those improvements. The first step in the process involves the adoption of a resolution ordering the Engineer to prepare and file a report. The procedural steps necessary to levy the annual assessment are briefly summarized as follows:

1. Adopt a resolution initiating proceedings and ordering the Engineer to prepare and file a report for Fiscal Year 2023/2024.

2. Adopt a resolution approving the Engineer’s Report and adopt a resolution declaring the intention to levy and collect assessments and setting a public hearing date. Both resolutions are tentatively scheduled for the May 16, 2023, City Council meeting.

3. Conduct a public hearing and adopt a resolution confirming the levying of assessments, which is tentatively scheduled for the June 6, 2023, City Council meeting.

Staff is also recommending that the Council approve an amendment with Willdan to allow for the provision of additional Proposition 218 and associated miscellaneous engineering and financial research services. The initial agreement with Willdan allotted for the provision of not more than two (2) dedicated Proposition 218 studies/ ballots; however, during the first term of the agreement, it became evident that at least three (3) efforts would be required. It should be noted that at least one of the Proposition 218 efforts relates to the annexation of the Cielo Vista development into the LMAD. The cost of that effort will be fully reimbursed by the developer (Lennar); however, the expenditures still count against the agreement and reduce the contractual ability to expend funds. Sufficient funding is available to accommodate the proposed amendment, which will also allow for additional as needed services to be requested. Upon execution of the proposed amendment, the total agreement will increase to a not-to-exceed amount of $196,920 over a three fiscal year period.

FISCAL IMPACT
Funds necessary for the development of the annual Engineer’s Report, and the proposed Amendment No.1, are included in the current fiscal year’s approved LMAD Operating budget

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P R O C E E D I N G S R E L A T I V E T O L E V Y I N G A N N U A L S T R E E T L I G H T I N G

A N D L A N D S C A P E M A I N T E N A N C E A S S E S S M E N T D I S T R I C T ( L M A D ) A S S E S S M E N T S F O R F I S C A L Y E A R 2 0 2 3 / 2 0 2 4 P a g e | 3
(2010350-431480).

ALTERNATIVES
Do not adopt Resolution No. 2023-5842. This would hinder the City’s ability to assess properties for funding of the assessment district.

ATTACHMENTS
Attachment 1 - Resolution No. 2023-5842.

Attachment 2 - Willdan Financial Services (Amendment No.1)

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RESOLUTION NO. 2023-5842

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF YORBA LINDA, CALIFORNIA, PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972
(SECTIONS 22500 ET. SEQ. OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE) INITIATING

PROCEEDINGS TO LEVY ANNUAL ASSESSMENTS
FOR THE 2023/2024 FISCAL YEAR FOR THE CITY OF

YORBA LINDA STREET LIGHTING AND

LANDSCAPING MAINTENANCE ASSESSMENT

DISTRICT AND ORDERING THE ENGINEER TO

PREPARE AND FILE A REPORT IN ACCORDANCE
WITH ARTICLE 4 OF CHAPTER 1 OF SAID ACT
WHEREAS, the City Council of the City of Yorba Linda did form the City of Yorba Linda Street Lighting and Landscaping Maintenance Assessment District (“District”) pursuant to the provisions of the Landscape and Lighting Act of 1972 (Streets and Highways Code), in which assessments were levied and collected for Fiscal Year 2022/2023; and
WHEREAS, said Act requires that proceedings for the levy of annual assessments shall be initiated by resolution describing any proposed new improvements or any substantial changes in existing improvements in accordance with Chapter 3 (commencing with Section 22620) of Part 2 of Division 15 of the Streets and Highway Code of the State of California, and ordering the engineer to prepare and file a report in accordance with Article 4 of Chapter 1 of said Act.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:

SECTION 1. The City Council of the City of Yorba Linda proposes the levy of an annual assessment for the City of Yorba Linda Street Lighting and Landscaping Maintenance District pursuant to the Landscaping and Lighting Act of 1972 for Fiscal Year 2023/2024.

SECTION 2. The proposed improvements for the Fiscal Year 2023/2024 are generally described as the servicing, maintaining and operating of public street lighting, traffic signals, and landscaping improvements and facilities, including newly accepted improvements or improvements prior to vacation by the District.

SECTION 3. The City Council hereby orders the City Engineer to prepare and file with the City Clerk a written report in accordance with Section 22565 et. seq. of the California Streets and Highways Code.

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R E S O L U T I O N N O . 2 0 2 3 - 5 8 4 2
P A G E N O . 2
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 21
st day of March 2023.
___________________________

GENE HERNANDEZ, MAYOR

CITY OF YORBA LINDA
ATTEST:
___________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA
APPROVED AS TO FORM:

RUTAN & TUCKER LLP
___________________________

CITY ATTORNEY

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R E S O L U T I O N N O . 2 0 2 3 - 5 8 4 2
P A G E N O . 3

STATE OF CALIFORNIA )
ss.

COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 21st day of March, 2023, and was carried by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
__________________________

MARCIA BROWN, CITY CLERK

CITY OF YORBA LINDA

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Project Name/No.: LMAD Engineer’s Report Services Contract No.: 21220097 (A1) Dept./Contract Rep: PW-LMAD / J. Gutierrez Approved: _3/21/2023 1 AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT
FOR

ASSESSEMENT ENGINEER FOR THE ANNUAL LEVY OF STREET LIGHTING AND

LANDSCAPE MAINTENANCE DISTRICT SERVICES
FY21/22 – FY23/24
THIS AMENDMENT is made and entered into this 21st day of March 2023, by and between the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California 92886, a municipal corporation of the State of California (hereinafter referred to as “City”), and Willdan Financial Services, Inc., with its principal place of business at 27368 Via Industria, Suite 200, Temecula, California, 92520 (hereinafter referred to as “Consultant”).

WITNESSETH:

WHEREAS, the City and the Consultant entered into an Agreement for Professional Assessment Engineering Services for the Landscape Maintenance Assessment District dated October 19, 2021; and,
WHEREAS, the City and the Consultant desire to enter into an amendment to the Agreement; and WHEREAS, the City and the Consultant desire to amend the compensation specified in Section

2.1 Contract Sum of the Agreement will be amended to include an additional Forty Thousand Five Hundred Dollars ($40,500) for increased quantity of additional Proposition 218 and associated as needed Engineer’s Report Services as described in Exhibit A of the Agreement; and NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows:

1. In accordance with Section 2.1 Contract Sum, and Exhibit “B”, the Schedule of Compensation shall include an additional Forty Thousand Five Hundred Dollars ($40,500) for increased quantity of additional Proposition 218 and associated as needed Engineer’s Report Services, increasing the total not to exceed Agreement Task Order amount to One Hundred Ninety-Six Thousand Nine Hundred Twenty Dollars ($196,920).

Except as amended pursuant to this Amendment No. 1, all provisions of the Agreement shall remain in full force and effect and shall govern the services provided under this Amendment No. 1. [SIGNATURES ON FOLLOWING PAGE]

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2 CITY OF YORBA LINDA
Dated: By:

MARK A. PULONE

CITY MANAGER
ATTEST:

Marcia Brown
City Clerk
________________________
Dianna Honeywell
Finance Director WILLDAN FINANCIAL SERVICES, INC.:

APPROVED AS TO FORM: By:

RUTAN & TUCKER LLP (Print)

(Signature)
Todd Litfin
City Attorney Title: ________________________________
Dated:

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PUBLIC WORKS DEPARTMENT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND MEMBER OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E. PUBLIC WORKS DIRECTOR/ CITY ENGINEER PREPARED BY: RICK YEE, P.E., DEPUTY DIRECTOR OF PUBLIC

WORKS/ASSISTANT CITY ENGINEER
SUBJECT: AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR 2022-23 (ZONES 5/6B) ANNUAL PAVEMENT
PRESERVATION PROJECT (SI231003) TO ALL AMERICAN ASPHALT

RECOMMENDATION
It is recommended that the City Council:

1. Approve the plans and specifications for the Fiscal Year 2022-23 Annual Pavement Preservation Project (APPP) SI231003 for Zone 5/6B; and

2. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA), Class 1, pursuant to CEQA Guidelines, Section 15301; and

3. Approve a supplemental budget appropriation of $6,436,144.20 from the unappropriated reserves of the Special Reserve Fund (102) with a corresponding increase to the Capital Improvement Program Fund (401) budget for Project SI231001; and

4. Approve a supplemental budget transfer in an amount of $2,200,000 from the unencumbered APPP Zone 6 Project SI221009 budget, to the APPP Zone 5 Project SI231003 budget; and

5. Award the public works construction contract to All American Asphalt for the Fiscal Year 2022-23 APPP (Zone 5/6B) in the amount of $11,069,222 and reject all other bids; and

6. Authorize expenditures of up to $1,106,922.20 (10% of construction contract cost) in contract contingencies for potential additional work and unanticipated work that may arise during the course of construction; and

7. Authorize the City Manager to sign and execute the above-listed contract, and potential future amendments to these agreements within the designated contingency amounts on behalf of the City Council.

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BACKGROUND
The City utilizes a Pavement Management Program (PMP) that allows for the planning and programming of street maintenance strategies throughout the City’s roadway network. As a result of implementing the PMP, through ongoing investment in the City’s roadway network, the overall street condition has been maintained in good condition. The PMP is updated on a biennial basis through efforts that include field inspections on each street to determine the best and most efficient maintenance strategy for long-term asphalt preservation.

The City is divided into seven (7) maintenance zones and pavement maintenance/preservation treatments are implemented for one (1) zone per year. The area scheduled to receive treatment for Fiscal Year 2022-2023 is Maintenance Zone 5. In addition, portions of Zone 6 that were deferred from last year’s project are included with this year’s project and are scheduled to occur during the summer break. These portions of Zone 6 (referenced as Zone 6B) were deferred to minimize construction impacts to school area traffic in the vicinity of Travis Ranch. It should be noted that a portion of Esperanza Road from Zone 6 is being deferred in order to allow time for water line relocation work (due to the BNSF project along Esperanza Road) to be completed in advance of the final street improvement. In addition, a small portion of Zone 5 near the Stonehaven/Via del Agua area is being deferred until next year to avoid potential conflicts with upcoming work required for the Cielo Vista Development (See Attachment 1).

DISCUSSION
Approval of Plans and Specifications
The contract documents, including the plans, specifications and the bid proposal from All American Asphalt are on file with the City Clerk. The contract portion of the bid documents is included as Attachment 2. It is recommended that the City Council approve the plans and specifications for the Project.

Bid Analysis
Plans and specifications were advertised for bids on February 9th and February 16th, 2023.

Formal bidding procedures have been followed in conformance with the State Public Contract Code and the City of Yorba Linda Municipal Code. A total of five (5) bids were received and opened by the City Clerk’s office on March 10th, 2023, with the following results:

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Table 1: Bid Summary
All American Asphalt has successfully delivered similar projects with the City and with other public agencies, such as City of Corona and City of Norwalk. References were verified and positive comments were received regarding their quality of work and ability to stay within budget and on schedule. Based upon this information, staff is recommending the award of the public works construction contract to All American Asphalt.

Project Schedule
The following table indicates a preliminary project schedule:

Table 2: Preliminary Project Schedule
Notice of Award March 2023
Pre-Construction Meeting April 2023
Begin Construction/Notice to Proceed April 2023
Complete Construction December 2023
Notice of Completion December 2023
The project will have some traffic impacts on the neighborhood residents during construction. Impacts are due to the temporary lane and street closures during the required construction time frame. The contractor shall schedule the order of work so that no travel lanes are closed before 8:30 A.M. or after 5:30 P.M. daily. The same number of travel lanes currently in use shall be opened to traffic and no street closures will occur during nonworking hours. Affected property owners will be notified via door hanger at least two days in advance of the work.

Staff relies on consultant services to provide construction management, inspection and material testing for the APPP. Several firms are available to the City based on the City’s oncall professional engineering contracts. Proposals were requested from several engineering consultants on the City’s on-call list. It is anticipated that at the April 4, 2023, City Council Meeting, Staff will be returning with a request for approval of Construction Management, Inspection, and Materials Testing services needed to facilitate this project.

California Environmental Quality Act
The award of the contract is Categorically Exempt from the California Environmental Quality Bidder Bid Amount
All American Asphalt
Palp, Inc. DBA Excel Paving
The RJ Noble Company
Sully -Miller Contracting Co.

Hardy & Harper, Inc.
$11,069,222.00
$11,543,292.66
$12,469,703.50
$12,499,568.10
$15,515,630.40

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A W A R D O F A P U B L I C W O R K S C O N S T R U C T I O N C O N T R A C T F O R T H E F I S C A L Y E A R 2 0 2 2 - 2 3 ( Z O N E S 5 / 6 B ) A N N U A L P A V E M E N T P R E S E R V A T I O N P R O J E C T ( S I 2 3 1 0 0 3 ) T O A L L A M E R I C A N A S P H A L T P a g e | 4
Act (CEQA) based upon a Class 1 exemption (Cal. Code Regs., Title 14, Section 15301). The Class 1 exemption consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Annual Pavement Preservation Program consists of minor maintenance applications on existing streets involving negligible expansion of the existing use and therefore qualifies as a Class 1 exemption.

FISCAL IMPACT
The estimated project expenditures, including a 10% project construction contingency, is estimated below:

Table 3: Estimated Project Expenditures
Item Estimated Expenditures
Construction Contract (All American) $11,069,222.00
Construction Contingency (10%) $1,106,922.20
SUBTOTAL $12,176,144.20
Construction Management & Inspection and
Materials Testing
$460,000.00
GRAND TOTAL $12,636,144.20

The selection of the low bidder is based on the base bid amount from All American Asphalt as the lowest responsible and responsive bid. The project utilizes a combination of Gas Tax, Measure M2, SB1, and Special Reserve monies. An available Project SI231003 budget of $4,000,000 is programmed within the Fiscal Year 2022/2023 CIP budget under account 4010050-461620. Additionally, the prior fiscal year APPP Zone 6 Project (SI221009) is anticipated to be completed with an available and unencumbered project budget of approximately $2,200,000. It is the staff’s recommendation that the Council approve a transfer of the unencumbered project balance from project SI221009 to the current year APPP Zone 5/6B budget, lessening the budget appropriation required. If the aforementioned transfer of programmed funding is approved by Council, the Zone 5/6B approved project budget will be increased to a new total of $6,200,000.

However, in order to fully fund the project, staff recommends the appropriation of $6,436,144.20 from the Special Reserve Fund (102) with a corresponding increase to the Ongoing Street Maintenance Program Capital Improvement Program budget (Project No.

SI231003) for the anticipated expenditures denoted in the table above. It should be noted that this amount will be offset by the reimbursement of approximately $737,450 from the Yorba Linda Water District for the adjustment to their facilities within the project limit by the City’s contractor. It should be noted that the recommended one-time appropriation from the Special Reserves Fund for this project is due to extenuating circumstances specific to the

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project scopes of Zones 5 and 6 due to more extensive work required in these zones to bring up the Pavement Condition Index (PCI) such as overlays and micromilling. Staff does not anticipate future Zone budgets to rise significantly like Zones 5 and 6 since the PCI’s of the other zones were not as low as Zones 5 and 6.

ALTERNATIVES
The City Council may choose not to award the proposed public works construction contract and reject all bids. Staff does not recommend this alternative because it will delay the delivery of the needed improvements and these streets will continue to deteriorate, which will require more expensive repair/maintenance strategies in the future. The bid received from All American Asphalt is competitive and there is no guarantee that re-advertising this Project will result in lower bids.

ATTACHMENTS
Attachment 1 - Vicinity Map
Attachment 2 - All American Asphalt (Contract Services Agreement)

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NOT A PART OF
THIS YEARS PROJECT MAINTENANCE ZONE 5 VICINITY MAP Page 199 of 336 MAINTENANCE ZONE 6B VICINITY MAP

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CA-1

CONTRACT DOCUMENTS

CITY OF YORBA LINDA

CONTRACT SERVICES AGREEMENT
FOR
FY 2022-23 ANNUAL PAVEMENT PRESERVATION PROJECT (ZONE 5 AND 6B) THIS CONTRACT SERVICES AGREEMENT (“Agreement”) is made and effective this March 21st Day of 2023 by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and All American Asphalt., a Corporation, (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties”.

R E C I T A L S
A. City requires construction services. Contractor has represented to City that Contractor is qualified to perform said services and has submitted a proposal to City for same.

B. City desires to have Contractor perform said services on the terms and conditions set forth herein.

NOW, THEREFORE, based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both Parties, City and Contractor hereby agree as follows:

1. SERVICES OF CONTRACTOR.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the Bid Documents and Plans and Specifications (“Bid Specifications”) attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services.” As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first-class work and services and Contractor is experienced in performing the Services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Documents Included in Contract. This contract consists of the Noncollusion Affidavit, Certification of Principal, Supplemental Information, General and Special Specifications, plans, drawings, all responsible bidding documents (including but not limited to the bid proposal), the Notice Inviting Sealed Bids, Instructions to Bidders, this Contract Services Agreement, and all required bonds, insurance policies, endorsements, and certificates, permits, notices, and affidavits, any Addenda or supplemental agreements or change orders issued by City, as well as any and all

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referenced specifications, details, schedules, appendices, and attachments, which are incorporated as if fully set forth herein. In the event of an inconsistency, this Agreement shall govern.

1.3 Compliance with Law. Contractor and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Contractor is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. Ready-mix suppliers and haulers delivering materials to public works projects must also comply with Labor Code Section 1720. Both suppliers and haulers of ready-mix materials will need to register with the Department of Industrial Relations as required under Labor Code Section 1725.5. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Contractor will maintain and will require all subcontractors to maintain valid and current California Department of Industrial Relations (“DIR”) Public Works Contractor registration during the term of this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contractor to determine the correct salary scale. The State Prevailing Wage Rates may be obtained from the DIR pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contractor also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor shall comply with all statutory requirements relating to the employment of apprentices. Contractor shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “Public Works” (as defined by the Prevailing Wage Laws), Contractor shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

Contractor acknowledges and agrees that it shall be independently responsible for reviewing the

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applicable laws and regulations and effectuating compliance with such laws. Contractor shall require the same of all subcontractors.

1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of Yorba Linda business license.

Contractor and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the Services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder. Contractor shall be responsible for all subcontractors’ compliance with this Section 1.4.

1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

If the Services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of the Services hereunder. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Contractor shall immediately inform City of such fact and shall not proceed until written instructions are received from the Contract Officer.

1.6 Care of Services. Contractor shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible for the service of the other. Contractor shall require all subcontractors to comply with the provisions of this agreement.

1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such

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extra work may be undertaken unless a written change order is first given by the Contract Officer to Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contractor.

It is expressly understood by Contractor that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein.

Contractor hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefore.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, the Contractor shall be compensated as specified herein, but not exceeding the maximum contract amount of Eleven Million Sixty-Nine Thousand Two Hundred Twenty-Two Dollars ($11,069,222.00) except as provided in Section 1.8. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by City; Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Progress Payments. Prior to the first day of the month, during the progress of the Services, commencing on the day and month specified in this Agreement, Contractor shall submit to the Contract Officer a complete itemized statement of all labor and materials incorporated into the Services during the preceding month and the portion of the Contract Sum applicable thereto.

Upon approval in writing by the Contract Officer, payment shall be made to Contractor from City within thirty (30) days.

City shall pay Contractor a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 7.3 of this Agreement for retention of funds.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the work is not completed within 150 working days, it is understood that the AGENCY will suffer damage.

3.2 Schedule of Performance. Contractor shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within 80 working days. When requested by Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of

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Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

3.4 Term. The term of this Agreement shall begin upon execution of this contract and shall end upon project completion as described in the Bid Specifications unless the term of the Agreement is otherwise terminated or extended as provided for at City’s sole discretion to award multiple years. The time provided to Contractor to complete the Services required by this Agreement shall not affect City’s right to terminate the Agreement, as provided in Section 7.8.

4. COORDINATION OF WORK.

4.1 Representative of Contractor. The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

Edward J. Carlson, Vice President
It is expressly understood that the experience, knowledge, capability and reputation of the Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.

4.2 Contract Officer. The “Contract Officer” shall be such person as may be designated by the City Manager of City. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services and Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Assignment. The experience, knowledge, capability, and reputation of Contractor, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the Services required hereunder in excess of one-half of 1 percent of

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Contractor’s total bid as to which Contractor’s original bid did not designate a subcontractor in addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the Contract Sum paid to Contractor as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

4.5 Identity of Persons Performing Work. Contractor represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contractor represents that the Services required herein will be performed by Contractor or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contractor for any costs incurred in locating, repairing

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damage not caused by Contractor, and removing or relocating such unidentified utility facilities.

Contractor shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

4.7 Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply.
(a) Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of this Agreement. (c) That, in the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

4.8 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contractor shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

5. INSURANCE, INDEMNIFICATION AND BONDS.

5.1 Insurance. Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any

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extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:

Coverage (Check if applicable) Minimum Limits
(X) Comprehensive General Liability
Insurance (including premises and
operations)
• Commercial General Liability no less
broad than ISO form CG 0001.
• Coverage must be on a standard
Occurrence form. Claims-made not
acceptable.
• Minimum limits: ONE MILLION
DOLLARS ($1,000,000.00) per
occurrence; TWO MILLION
DOLLARS ($2,000,000.00) General
Aggregate; TWO MILLION
DOLLARS ($2,000,000.00) Products/
Completed Operations Aggregate. General
Aggregate must apply separately to the
Services performed under this
Agreement.
• Prior written consent is required if the
insurance has a deductible or self-insured
retention in excess of TWENTY-FIVE
THOUSAND DOLLARS ($25,000).
• Coverage shall be continued for one (1)
year after completion of the Services or
the expiration or termination of this
Agreement.
• City, its elected and appointed officers,
employees, agents, and authorized
volunteers must be additional insureds
for liability arising out of the Services
performed by or on behalf of Contractor,
including the insured’s general
supervision of Contractor, and liability
arising out of products and ongoing and
completed operations by or on behalf of
Contractor. City, its elected and
appointed officers, employees, agents,
and authorized volunteers shall continue
to be an additional insured for completed
operations for two (2) years after
completion of the work or the expiration
or termination of this Agreement.
• The policy definition of “insured contract”
must include assumptions of liability
arising out of both ongoing operations
and the products-completed operations
hazard (“f” definition of insured contract

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Coverage (Check if applicable) Minimum Limits
in ISO form CG 0001, or equivalent.
• The insurance provided to City and its
officers, employees, agents, and
authorized volunteers as an additional
insured must apply on a primary and
non-contributory basis with respect to
any insurance of self-insurance program
maintained by City.
• Contractor shall provide written notice to
City within ten (10) working days if:
(1) any of the required insurance policies
is terminated; (2) the limits of any of the
required polices are reduced; or (3) the
deductible or self-insured retention is
increased. In the event any of said
policies of insurance are cancelled,
Contractor shall, prior to the cancellation
date, submit new evidence of insurance in
conformance with Section 5.1 to the
Contract Officer.
• The policy must cover inter-insured suits
and include a “Separation of Insureds” or
“severability” clause which treats each
insured separately.
• The policy shall contain no endorsements
or provisions limiting coverage for (1)
explosion, collapse or underground
hazard (XCU); (2) products and
completed operations; (3) contractual
liability; (4) third party action over
claims; (5) cross liability exclusion for
claims or suits by one insured against
another; or (6) contain any exclusions
contrary to the Contract.
• Required Evidence of Coverage:
o Copy of the additional insured
endorsement or policy language
granting additional insured status.
o Copy of the endorsement or policy
language indicating that coverage
applicable to City is primary and noncontributory; and o Properly completed Certificate of
Insurance.
(X) Comprehensive Automobile Liability
Insurance (includes owned, non-owned,
and hired automobile hazards)
• ONE MILLION DOLLARS ($1,000,000.00)
per occurrence combined single limit per
accident.

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Coverage (Check if applicable) Minimum Limits
• Coverage must apply to all owned, hired,
and non-owned vehicles.
• City must qualify as an insured.
• Required Evidence of Coverage:
o Copy of the endorsement or policy
language indicating that City of Yorba
Linda is an insured for its vicarious
liability.
o Properly completed Certificate of
Insurance.
(X) Workers’ Compensation/Employers’
Liability Insurance
• Statutory limits as required by the Labor
Code of the State of California, including
Section 3700 of the California Labor Code.
• Employers Liability Statutory with limits
of ONE MILLION
DOLLARS ($1,000,000.00) per Accident;
ONE MILLION DOLLARS ($1,000,000.00)
disease per employee; ONE MILLION
DOLLARS ($1,000,000.00) disease per
policy.
• Policy must include a written waiver of
the insurer’s right to subrogate against
City.
• Required evidence of coverage:
o Subrogation waiver endorsement.
o Properly completed Certificate of
Insurance.
( ) Builder’s Risk Insurance (for property
constructed on behalf of City)
• Must cover “all risk” of physical loss
providing coverage, including collapse
from design error.
• Value insured shall cover 100% of
completed Agreement cost.
• Policy maintained until full acceptance of
Work.
• Required evidence of coverage:
o Subrogation waiver endorsement.
o Copy of the endorsement or policy
language indicating that coverage
applicable to City is primary and noncontributory; and o Properly completed Certificate of
Insurance.

5.2 General Insurance Requirements

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In accordance with Public Code Section 20170, the insurance of surety companies who provide or issue the policy shall have been admitted to do business in the State of California with a credit rating of A- or better.

Insurance policies must be issued by an insurer with an A.M. Best’s rating of at least A:VII.

Contractor shall provide written notice to City within ten (10) working days if:
(1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer Any insurance maintained by the City shall apply in excess of and not combined with insurance provided by this policy.

City, its officers, employees, representatives, attorneys, and authorized volunteers shall be named as additional named insureds.

No Services under this Agreement shall commence until Contractor has provided City with original endorsements effecting coverage set forth in this Article 5. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator’s company affiliation and title. Should it be deemed necessary by City, it shall be Contractor’s responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. Current Evidence of Coverage must be provided for the entire required period of insurance. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. Upon written request, certified copies of required insurance policies must be provided within thirty (30) days. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

If the Contractor fails to maintain the aforementioned insurance, or secure and maintain the aforementioned endorsement, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement.

However, procuring of said insurance by City is an alternative to other remedies City may have, and is not the exclusive remedy for failure of Contractor to maintain said insurance or secure said endorsement. In addition to any other remedies City may have upon Contractor’s failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which became due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.

Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for the payment of damages to any persons or property resulting from Contractor’s activities or the activities of any person or persons for which Contractor is otherwise responsible nor shall it limit Contractor’s indemnification liabilities as provided in Section 5.3
The name and address for Additional Insured endorsements, Certificates and Notice of Cancellation is: City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, California, 92886.

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Certificate of Insurance must include the following reference:

In the event Contractor subcontracts any portion of the Services in compliance with this Agreement, the contract between Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

5.3 Indemnification. To the full extent permitted by law, Contractor agrees to indemnify, defend, and hold harmless City, its officers, employees, agents, and volunteers (“Indemnified Parties”) from and against any and all actions, either judicial, administrative, arbitration, or regulatory, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities whether actual or threatened (“Claims or Liabilities”) that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the performance of the Services, operations, or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Contractor is legally liable (“Indemnors”), or arising from Contractor’s reckless or willful misconduct, or arising from Contractor’s or Indemnors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Contractor shall defend (with counsel selected by City) any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against City, its officers, agents, or employees for any such Claims or Liabilities arising out of or in connection with the performance of or failure to perform such Services, operations or activities of Contractor hereunder; and Contractor agrees to save and hold City, its officers, agents, and employees harmless therefrom;
(c) In the event City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the performance of or failure to perform the Services, operation or activities of Contractor hereunder, Contractor agrees to pay to City, its officers, agents, or employees, any and all costs and expenses incurred by City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
(d) Contractor’s duty to defend and indemnify as set out in this Section 5.3 shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to the Federal Insecticide, Fungicide and Rodenticide Act (“FIFRA”), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), Resource Conservation and Recovery Act of 1976 (“RCRA”), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter-Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.

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The provisions of this Section do not apply to Claims or Liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. Contractor’s indemnification obligations pursuant to this Section 5.3 shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement. Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City, and failure of City to monitor compliance with these provisions shall not be a waiver hereof.

5.4 Labor and Materials and Performance Bonds. Prior to July 17, 2017, Contractor shall deliver to City a payment (labor and materials) bond and a performance bond, each in the sum of the amount of this Agreement, in the forms provided by the City Clerk, which secures the faithful performance of this Agreement. The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement and shall be null and void only if Contractor promptly and faithfully performs all terms and conditions of this Agreement.

5.5 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VU or better, unless such requirements are waived by the Risk Manager of City (“Risk Manager”) due to unique circumstances. In the event the Risk Manager determines that the Services to be performed under this Agreement creates an increased risk of loss to City, Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 5 may be changed accordingly upon receipt of written notice from the Risk Manager; provided that Contractor shall have the right to appeal a determination of increased coverage by the Risk Manager to the City Council of City within ten (10) days of receipt of notice from the Risk Manager.

5.6 Substitution of Securities. Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any moneys withheld to ensure performance under this Agreement may be permitted at the request and expense of Contractor.

6. RECORDS AND REPORTS.

6.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the

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estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.2 Records. Contractor shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the Books and Records may be given to City, and access shall be provided by Contractor’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

6.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium (the “Documents and Materials”) prepared or caused to be prepared by Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contractor will be at City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, revise, or assignment. Contractor may retain copies of such Documents and Materials for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom.

6.4 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,

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rights of reproduction, and other intellectual property embodied in the Documents and Materials.

Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all of the Documents and Materials. Contractor makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contractor or provided to Contractor by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. ENFORCEMENT OF AGREEMENT.

7.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S.

District Court, venue shall lie exclusively in the Central District of California, in Santa Ana.

7.2 Disputes. In the event either Party fails to perform its obligations hereunder, the nondefaulting Party shall provide the defaulting Party written notice of such default. The defaulting Party shall have ten (10) days to cure the default; provided that, if the default is not reasonably susceptible to being cured within said ten (10) day period, the defaulting Party shall have a reasonable time to cure the default, not to exceed a maximum of thirty (30) days, so long as the defaulting Party commences to cure such default within ten (10) days of service of such notice and diligently prosecutes the cure to completion; provided further that if the default is an immediate danger to the health, safety, and general welfare, the defaulting Party shall take such immediate action as may be necessary. Notwithstanding the foregoing, the nondefaulting Party may, in its sole and absolute discretion, grant a longer cure period. Should the defaulting Party fail to cure the default within the time period provided in this Section, the nondefaulting Party shall have the right, in addition to any other rights the nondefaulting Party may have at law or in equity, to terminate this Agreement. Compliance with the provisions of this Section 7.2 shall be a condition precedent to bringing any legal action, and such compliance shall not be a waiver of any Party’s right to take legal action in the event that the dispute is not cured. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default.

7.3 Claims. Notwithstanding Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, Section 9204 of the Public Contract Code shall apply to any claim by the Contractor in connection with the Project.

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(a) Upon receipt of a claim pursuant to Section 9204 of the Public Contract Code, the City will conduct a reasonable review of the claim and, within a period not to exceed 45 Days, provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Contractor and the City may, by mutual agreement, extend the aforementioned time period. (b) The Contractor shall furnish reasonable documentation to support the claim. (c) If City Council approval is needed to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 Days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City will have up to 3 Days following the next duly publicly noticed meeting of the City Council after the 45-Day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (d) Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement. If the City fails to issue a written statement, paragraph (i) shall apply.
(e) If the Contractor disputes the City’s written response, or if the City fails to respond to a claim issued pursuant to Section 9204 within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the City will schedule a meet and confer conference within 30 Days for settlement of the dispute. (f) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City will provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 Days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and the Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside those established in Section 9204.
(g) Mediation may include any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in Section 9204.

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(h) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to Section 9204 shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (i) Failure by the City to respond to a claim from the Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of Section 9204 shall result in the claim being deemed rejected in its entirety. (j) Amounts not paid in a timely manner as required by Section 9204 will bear interest at 7 percent per annum.
(k) If a Subcontractor or a lower tier Subcontractor lacks legal standing to assert a claim against the City because privity of the Contract does not exist, the Contractor may present to the City a claim on behalf of a Subcontractor or lower tier Subcontractor. A Subcontractor may request in writing, either on its own behalf or on behalf of a lower tier Subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier Subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the claim be presented to the City shall furnish reasonable documentation to support the claim. Within 45 Days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the City and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so. (l) A waiver of the rights granted by Section 9204 is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the Contractor and the City may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in Section 9204.

7.3 Retention of Funds. Progress payments shall be made in accordance with the provisions of Section 2.2 of this agreement. In accordance with said section, City shall pay Contractor a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contractor within sixty (60) days after final acceptance of the Services by the City Council of City, after Contractor has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contractor from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contractor’s obligations hereunder.

7.4 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party’s consent to or approval of any act by the other Party requiring the Party’s consent or approval shall not be deemed to waive or render unnecessary the other Party’s consent to or approval of any

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subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

7.7 Liquidated Damages. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contractor and its sureties shall be liable for and shall pay to City the sum of EIGHT HUNDRED AND FIFTH DOLLARS ($850.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contractor any accrued liquidated damages.

7.8 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, Contractor shall vacate any City-owned property which Contractor is permitted to occupy hereunder and City may, after compliance with the provisions of Section 7.2, take over the Services and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of setoff or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a Party to any action or proceeding in any way connected with this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on

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CA-19
commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.

8. CITY OFFICERS AND EMPLOYEES, NONDISCRIMINATION.

8.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement.

Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.

9. MISCELLANEOUS PROVISIONS.

9.1 Notice. Any notice, demand, request, document, consent, approval, or communication either Party desires or is required to give to the other Party or any other person shall be in writing and shall be deemed to be given when served personally or deposited in the US Mail, prepaid, firstclass mail, return receipt requested, addressed as follows:

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CA-20
To City: City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, California 92886
Attention: Rick Yee, Deputy Director of Public
Works/Assistant City Engineer
To Contractor: All American Asphalt
400 E. Sixth Street
Corona, CA 92879
Attention: Edward J. Carlson, Vice President
Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Article and Section Headings and Subheadings. The article and section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

9.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete, and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by the City Council of City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Unfair Business Practices Claims. In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have

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under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contractor without further acknowledgment of the Parties.

9.8 Invoicing. Contractor shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date.

Invoices shall be submitted to:

City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, California 92886
Attention: Rick Yee, Deputy Director of Public Works/Assistant City Engineer

9.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

9.10 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the Parties. [SIGNATURES ON FOLLOWING PAGE]

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CA-22
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.

CITY:

CITY OF YORBA LINDA, a California municipal
corporation
Mark Pulone, City Manager
ATTEST
By:

Marcia Brown, City Clerk
By:

Dianna Honeywell, Finance Director
APPROVED AS TO FORM:

By:

Rutan & Tucker, LLP, City Attorney
CONTRACTOR:

By:
(Print)
Signature:

Title:

Address:

By:
(Print)
Signature:

Title:

Address:

Two signatures are required if a corporation.

NOTE: CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

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CA-23
(PAGE 1 OF 2)

CITY OF YORBA LINDA

FAITHFUL PERFORMANCE BOND

FOR THE
KNOW ALL MEN BY THESE PRESENTS that, All American Asphalt as CONTRACTOR, and _______________ , SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of Eleven Million Sixty-Nine Thousand Two Hundred Twenty-Two Dollars ($11,069,222.00) which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

WITNESS our hands this ________ day of _____________ , 20______.

All American Asphalt

CONTRACTOR (CORPORATION)-TYPE
(SEAL) By
President
By
Secretary/Treasurer

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CA-24

FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)
_________________________________

SURETY'S NAME-TYPE
_________________________________

MAILING ADDRESS (SURETY)
BY:

Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED. (ATTACH ACKNOWLEDGMENT.)
BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

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CA-25
(PAGE 1 OF 2)

CITY OF YORBA LINDA

MATERIAL AND LABOR BOND

FOR THE
KNOW ALL MEN BY THESE PRESENTS that, All American Asphalt as CONTRACTOR, and ______________ , SURETY, are held and firmly bound unto the City of Yorba Linda, as AGENCY, in the penal sum of_ Eleven Million Sixty-Nine Thousand Two Hundred Twenty-Two Dollars ($11,069,222.00) which is one hundred (100%) of the total contract amount for the above stated project, for the payment of which sums, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to be the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY.

WITNESS our hands this ______ day of _____________________, 20______.

CONTRACTOR (CORPORATION)-TYPE

By___________________________
President
(SEAL) By __________________________
Secretary/Treasurer

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CA-26

MATERIAL AND LABOR BOND
(PAGE 2 OF 2)

SURETY'S NAME-TYPE

MAILING ADDRESS (SURETY)
BY:

Name
(SEAL)
Title
NOTE: SIGNATURES OF CORPORATE OFFICIALS AND SURETY MUST BE NOTARIZED. (ATTACH ACKNOWLEDGMENT.)
BOND APPROVED AS TO FORM:

CITY ATTORNEY - CITY OF YORBA LINDA

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COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract.

All American Asphalt
Contractor
By
(PRINT)

(SIGNATURE)

Title

Date
Section 3700 of the State Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT

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CA-28

EXHIBIT A

BID SPECIFICATIONS

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PARKS AND RECREATION DEPARTMENT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: JEFF RUTH, PARKS AND RECREATION

SUPERINTENDENT
SUBJECT: APPROVAL OF AMENDMENT NO. 1-YMCA OF ORANGE COUNTY- SWIM

LESSON INSTRUCTION AND LIFEGUARDING SERVICES

RECOMMENDATION
It is recommended that City Council:
• Approve Amendment No.1 to the March 17, 2022, Agreement with YMCA of Orange in the amount of $125,000 extending services through March 30, 2024.

BACKGROUND
Since 1990 the Parks and Recreation Department has provided swim lessons in Yorba Linda and has contracted with the YMCA of Orange County to provide personnel for the program.

This collaborative effort requires the Parks and Recreation Department to secure and facilitate the use of pool facilities at Heritage Oak Private School and Yorba Linda High School, coordinate advertising of the swim lesson program through the Activity Guide, website, and social media accounts, and facilitate the registration process for the program.

The YMCA is responsible for furnishing all equipment and certified staffing including onsite pool manager, swim instructors, lifeguards, and a pool lead.

DISCUSSION
In February of 2022, the Parks and Recreation Department issued a request for proposals seeking qualified consultants to co-sponsor the swim lesson program by providing swim lesson instructors, lifeguards, and other personnel to successfully conduct the swim lesson program. The YMCA of Orange County was the one organization to provide a proposal to co-sponsor the program. An Agreement was entered into with the YMCA in March of 2022 to provide the spring and summer swim lesson programs. Amendment No. 1 with the YMCA of Orange County will extend the terms of the Agreement through March 30, 2024, and cosponsor the spring and summer 2023 swim lesson program. Additionally, through the current Agreement the YMCA will assist city employees in monitoring the waterslide at Adventure Playground by providing lifeguarding services.

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APPROVAL OF AMENDMENT NO. 1-YMCA OF ORANGE COUNTY- SWIM LESSON

INSTRUCTION AND LIFEGUARDING SERVICES
P a g e | 2

FISCAL IMPACT
Staff is recommending the approval of Amendment No. 1 with a not to exceed amount of $125,000 for the period of April 1, 2023 through March 30, 2024. Per Administrative Policy A-F-5 (Purchasing, Bidding, & Contracting), City Council approval is required should service contracts exceed the $75,000 threshold. The increase in cost is primarily due to the lifeguarding services required for the waterslide at Adventure Playground. Services associated with this Agreement are budgeted expenditures in the Parks and Recreation FY 2022-2023 adopted budget, and staff will allocate the required expenditures as part of the budget preparation process for FY 2023-2024.

ALTERNATIVES
Do not approve the agreement and provide further direction to staff.

ATTACHMENTS

1. Professional Services Agreement with YMCA dated March 17, 2022

2. Amendment No.1 with the YMCA of Orange County

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AMENDMENT NO.1 TO THE
MARCH 17, 2022 AGREEMENT

BETWEEN
YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA) OF ORANGE COUNTY, ON BEHALF

OF THE FULLERTON FAMILY BRANCH

AND THE CITY OF YORBA LINDA

THIS AMENDMENT NO. 1 is made and entered into this 21st day of March 2023, by and between the City of Yorba Linda (“City”) and Young Men’s Christian Association of Orange County, Fullerton Family YMCA. (“Consultant”).

WITNESSETH:

WHEREAS, the City and Consultant entered into an Agreement for Professional Services dated March 17, 2022 (“Agreement”) to provide swim lesson instruction and lifeguarding services and
WHEREAS, the City desires to amend this Agreement through March 30, 2024. The contract may be extended for three (3) additional one (1) year periods upon mutual approval between the City and Consultant.

NOW, THEREFORE, it is mutually understood and agreed by City and Consultant that the Agreement is hereby amended in the following particulars:

1. Exhibit “A” of the Agreement entitled "Scope of Services” will be amended to reflect additional to scope of work performed by consultant as provided on Attachment “A” of this amendment.

2. Exhibit “C” of the Agreement entitled “Compensation” will be amended to reflect the fees table provided on Attachment “B” of this amendment. The total compensation of the Agreement will not exceed one hundred and twenty-five thousand dollars ($125,000.00).

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Amendment No. 1
March 17, 2022 Agreement Between City and YMCA.

Page 2 of 3 ends

ORANGE\MTORRES\35582.2
IN WITNESS WHEREOF, the City and Consultant have caused this Amendment No. 1 to the Agreement to be executed on the date first written above.

CITY OF YORBA LINDA YOUNG MEN’S CHRISTIAN ASSOCIATION OF ORANGE COUNTY, on behalf of the Fullerton
Family YMCA.

By: By:

Gene Hernandez
Mayor
Name:

Title:

Attest: [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED]
By:

Marcia Brown By:

City Clerk
Name:

Title:

Approved as to Form:

By:

Rutan & Tucker LLP
City Attorney

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1 Attachment "A"
EXHIBIT “A”
Scope of Services
The City of Yorba Linda currently offers swim lessons two seasons per year, Spring and Summer, at locations within the City of Yorba Linda.

Lessons are broken down into eight (8) levels, based on swimmer ability. Each level is taught with a specific instructor:student ratio, see Section E of these Scope of Services. Class titles, swimmer competency, and ages are negotiable between City and Consultant.

Spring session are typically held at Heritage Oak Private School from early April through late May from approximately 4:15pm to 7:35pm.

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2 Summer session are typically held at Yorba Linda High School from late June to mid-August from approximately 11:20am to 3:10pm.

Adventure Playground- Lifeguarding services will be required throughout the year to assist in monitoring the water slide at Adventure Playground.

Estimated times and hours of operations are to be determined.

Consultant shall provide lifeguarding services, instructors, and the instruction equipment for teaching all classes for the City of Yorba Linda swimming instruction program (“Program”), subject to the following:

A. City’s Responsibility:

City shall be responsible for the following:

1. Establishing and collecting any fees for the Program.

2. Advertising the Program in the City’s Parks and Recreation Activity Guide, website, social media accounts, and any other methods of advertising.

3. Administering registration, withdrawals, and transfer of participants in the Program.

4. Provide Consultant with a list of class participants enrolled in the Program.

5. Providing emergency contacts for representatives from the City and PlacentiaYorba Linda Unified School District (“PYLUSD”).

6. Obtaining all necessary facility use permits and paying any and all fees necessaryfor use of the pool facilities.

7. Obtaining a signed waiver and release from each Program participant (Exhibit “B”).

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3 The City and property owners of the pool facilities shall be responsible for ensuring pool maintenance and upkeep in accordance with all applicable State, Federal, and City regulations, and performing anyother necessary administrative tasks. City shall provide to Consultant City Ordinances, Rules and Regulations, and Resolutions which are pertinent to this Agreement.

B. Facilities.

1. The Program is typically offered at the Yorba Linda High School pool (Summer), 19900 Bastanchury Road, Yorba
Linda, CA 92886 or Heritage Oak Private School pool
(Spring), 16971 Imperial Highway, Yorba Linda, CA
92886, Adventure Playground, 4701 Casa Loma Ave.,
Yorba Linda, CA 92886 or other facility as determined by the City of Yorba Linda.

C. Consultant Responsibility. Consultant shall provide the following to administer the program:

1. Staffing

1. One (1) Pool Manager to be onsite during all swim
lesson programs.

2. One (1) Pool Lead to be onsite during the first day of each swim session.

3. Up to nine (9) instructors to teach all swim class
provided in the Program.

1. Four (4) during spring session.

2. Nine (9) during summer session.

3. Up to six (6) lifeguards.

1. Two (2) during spring session.

2. Three (3) during summer session.

3. Three (3) during Adventure Playground Water
Slide Operations.

Any employee or volunteer of the Consultant working in this Program and having direct supervision or authority to exercise disciplinary action, must be fingerprinted using the Live Scan process by a reputable agency prior to working with minors. In addition, Consultant agrees to supply City a copy of receipt from the Live Scan indicating the employee or volunteer has been fingerprinted.

2. Daily Schedule and Testing of Pool Chemicals. The Pool Manager will arrive at the poolat a pre-determined time to complete pool chemical testing. Should the testing of the pool not meet

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4 requirements, Consultant will contact City’s Representative.

1. City’s Representative (or his or her designee) and
Consultant representatives willcomplete a secondary and third test simultaneously. If two of the three readings and levels are low then the City’s Representative will contact facility staff to address the concern and adjust the pool chemicals in order to meet the minimumchemical level
requirements for swim lessons.

3. Swim Testing. Consultant shall conduct swim tests on the first day of each swim session to determine participant readiness for registered swim level. The onsite Pool Lead shall be responsible for on-site transferring of participants among groups as necessary.

4. Instructor/Student Ratio. To the extent permitted by the American Red Cross and all public health orders and guidance:
1:4 for classes in Preschool Stages
One (1) and Two (2).
1:5 for classes in Preschool Stage
Three (3).
1:5 for classes in Youth Stages
Three (3) and Four (4).
1:6 for classes in Youth Stages
Five (5) and Six (6).
1:10 for classes in Infant & Parent, Jr. Lifeguard and
Blue Swim Team.

5. Instructor Qualifications.

1. All classes shall be taught in accordance with the American Red Cross WSI SwimPrograms, YMCA Swim Instructors
Safety Around Water Program or other approved program
as determined by the City.

2. All instructors provided by Consultant to teach under this Agreement must be certified instructors and shall have
active, valid Advanced Life Saving Certificates, Basic
Lifeguard Training or Emergency Water Safety Certificates issued by a recognized licensed agency or the American
Red Cross. Copies of valid certificates for all instructors and lifeguards must be forwarded by the Consultant to the City’s Representative prior to the start of the instruction.

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5 6. Equipment. Consultant shall provide at its sole expense all equipment (ex. Kickboards, noodles, lifeguarding equipment, etc.) and supplies, including an identifiable uniform, necessary for the Program.

7. Class List. Consultant shall keep and maintain a complete and accurate record of class participants and notify City of attendance and any changes in enrollment for each class at the completion of each class session.

8. Class Schedule. Consultant and City shall agree in a timely manner on a detailed class schedule to be included in the City’s Parks and Recreation Activity Guide. Consultant shall notify City no later than one month prior to start of session if they are unable to provide staffing for any portion of the agreed upon class schedule.

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Amendment No. 1
March 17, 2022 Agreement Between City and YMCA.

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ORANGE\MTORRES\35582.2
Attachment B
EXHIBIT “C”
Compensation

CITY OF YORBA LINDA

PROPOSAL BID SHEET FOR

SWIM LESSON INSTRUCTION & LIFEGUARDING SERVICES
Line Item Position Hourly Rate
Benefit % (SS,
Unemployment, Work.

Comp.)
Fully Burdened
Hourly Rate
1 Pool Manager $26.00 10.26% $28.67
2 Pool Lead $25.00 10.26% $27.57
3 Swim
Instructor $24.00 10.26% $26.46
4 Lifeguard $23.00 10.26% $25.36
Line Item Item Rate Notes
5 Director Admin Fee $3,224.00
Fee is charged over 4 payments:

Session 1&2: $806.00
Session 3&4: $806.00
Session 5&6: $806.00
Session 7&8: $806.00
Fee based on 5% of Aquatics
Director salary.
6 Instructor Training $2,790.00
Training for 9 Swim Instructors
One-time charge to be charged
on first invoice of Spring season.
7 Lifeguard Training $2,511.00
Training for 6 Lifeguards
One-time charge to be charged
on first invoice of Spring season.
8 Pool Lead Training $443.75
Training for 1 Pool Lead
One-time charge to be charged
on first invoice of Spring season.
9 Pool Manager Training $474.75
Training for 1 Pool Manager
One-time charge to be charged
on first invoice of Spring season.

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PARKS AND RECREATION DEPARTMENT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MICHEAL KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: JEFF RUTH, RECREATION SUPERINTENDENT
SUBJECT: APPROVAL OF AMENDMENT NO. 2 – SENIOR MOBILITY PROGRAM CABCO YELLOW INC.

RECOMMENDATION
It is recommended that the City Council:
 Approve Change Order No. 1 for Senior Transportation Services Agreement with CABCO Yellow Inc. in the amount of $38,000 that will provide additional funding through May 31, 2023.
 Approve Amendment No. 2 to the April 22, 2021, Agreement with CABCO Yellow Inc. in the amount of $150,000 extending services from June 1, 2023 to May 31, 2024.

BACKGROUND
The purpose of the Senior Mobility Program is to enhance transportation opportunities available to the senior citizens of Yorba Linda. The Yorba Linda Senior Mobility Program began in October of 2002, and is a door-to-door transportation service available for Yorba Linda residents ages sixty and older. Transportation services originally operated on limited days within city limits and one mile beyond city limits, however, was expanded to include destinations anywhere in Orange County in July of 2022. Services currently operate seven days per week, including holidays, from 7:00 a.m. to 8:00 p.m. and reservations can be made up to seven days in advance.

This program is funded by the Orange County Transportation Authority (OCTA) and the City of Yorba Linda. OCTA funds for the program are allocated based upon the participating agencies’ respective percentage of the senior population, 60 years and older, for the entire county. OCTA funding is at 80% up to the identified maximum per agency. Agencies are required to contribute a minimum of 20% funding for the program, and 100% funding after the OCTA funds are expended.

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APPROVAL OF AMENDMENT NO. 2- SENIOR MOBILITY PROGRAM CABCO YELLOW INC.

P a g e | 2

DISCUSSION
Change Order No. 1 increases the contract amount from $92,000 to $130,000 with CABCO Yellow Inc. (California Yellow Cab) which is effective through May 31, 2023. Unexpended annual OCTA grant funds are able to be carried over to subsequent years but are required to be used within three years of receipt. A surplus of carry-over grant funds are available due to the COVID pandemic which caused reduced demand, and transitioning from a shuttle service to a more cost-effective taxi service in June of 2020 also saved costs. With carryover funding available and needing to be used, in July of 2022 the program was expanded to include destinations anywhere within Orange County, resulting in increased ridership of 48% and an increase in the costs of the program.

Amendment No. 2 will extend the services with California Yellow Cab for one additional year, with the option to renew in subsequent years. California Yellow Cab currently provides transportation services for a total of 32 Orange County cities and is the primary company providing this type of service for other agencies. The services provided by California Yellow Cab, and the communication with their personnel in making various program enhancements and meeting the needs of riders has been a positive change for the program. The feedback from customers has been overwhelmingly positive, with specific compliments regarding the ease of scheduling and extended hours available for rides.

FISCAL IMPACT
OCTA grant funds and allocated general funds are available for the remaining FY 2022- 2023 to cover the additional program costs. Per Administrative Policy: A-F-5 Purchase, Bidding, and Contracting, the amount of the change order for California Yellow Cab necessitates City Council approval.

As part of the budget preparation process for FY 2023-2024, staff will allocate $12,000 in general fund expenditures and approximately $20,000 of staff salaries to meet the remaining portion of the City’s 20% match requirement.

ALTERNATIVES
The City Council may not approve Change Order No. 1 or Amendment No. 2 and provide direction to staff.

ATTACHMENTS
A. Amendment No. 2 with CABCO Yellow Inc. -Senior Mobility Program B. April 22, 2021 Senior Mobility Program Agreement with CABCO Yellow Inc.

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ATTACHMENT A
AMENDMENT NO. 2 TO THE
APRIL 22, 2021 AGREEMENT

BETWEEN
CABCO YELLOW INC. AND THE CITY OF YORBA LINDA FOR

PROVIDING SENIOR TRANSPORTATION SERVICES
THIS AMENDMENT NO. 2 is made and entered into this 21st day of March 2023, by and between the City of Yorba Linda (“City”) and Cabco Yellow Inc. dba California Yellow Cab (“Consultant”).

WITNESSETH:

WHEREAS, the City and Consultant entered into an Agreement for Professional Services dated April 22, 2021 (“Agreement”) to provide senior transportations services for the City’s Senior Mobility Program.

WHEREAS, the City desires to extend this Agreement for professional services through May 31, 2024.

NOW, THEREFORE, it is mutually understood and agreed by City and Consultant that the Agreement is hereby amended in the following particulars:

1. Section 3.1.2, Page 2, delete the expiration date of “May 31, 2023” and replace with “May 31, 2024.”

2. The total compensation for the scope of service pursuant to this Amendment No. 2 shall not exceed one-hundred fifty thousand dollars ($150,000), unless otherwise approved in writing by the City.

3. Exhibit “C” of the Agreement entitled “Compensation” will be amended to reflect the revised per-trip fees as provided on Attachment (A) of this amendment.

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Amendment No. 2 ATTACHMENT A
April 22, 2021 Agreement Between City and CABCO Yellow Inc.

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ORANGE\MTORRES\35582.2
The balance of the Agreement will remain unchanged. Upon execution by City and Consultant, this Amendment No. 2, shall be made effective June 1, 2023.

IN WITNESS WHEREOF, the City and Consultant have caused this Amendment No. 2 to the Agreement to be executed on the date first written above.

CITY OF YORBA LINDA CALIFORNIA YELLOW CAB
By: By:

Gene Hernandez
Mayor Name:

Title:
[If Corporation, TWO SIGNATURES, President OR Vice
President AND Secretary, AND CORPORATE SEAL OF
CONTRACTOR REQUIRED]

By: _____________________
Name:______________________
Attest:

Title: ______________________
By:

Marcia Brown
City Clerk
Approved as to Form:

By:

Rutan & Tucker LLP
City Attorney

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Amendment No. 2 ATTACHMENT A
April 22, 2021 Agreement Between City and CABCO Yellow Inc.

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ORANGE\MTORRES\35582.2
ATTACHMENT “A”

COMPENSATION
Per-trip fees, bracketed by number of miles travelled:
(0 – 3.4 miles) $17.50
(3.5 – 7.4 miles) $26.00
(7.5 – 9.4 miles) $30.00
(9.5 – 12.4 miles) $39.00
(12.5 – 15.4 miles) $46.00
(15.5+ miles) $46.00 plus $2.50 per mile

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ATTACHMENT B

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incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from June 1, 2021 to May 31, 2022, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than four (4) additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor.

The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.

Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a CA-2

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threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Tim Conlon, President, and Melissa Gomez, Director of Marketing.

3.2.5 City's Representative. The City hereby designates Rob Cavanaugh, Recreation Supervisor, or his designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract.

Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee.

3.2.6 Consultant's Representative. Consultant hereby designates Tim Conlon, President, or his designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.8 Standard of Care: Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.

Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

CA-3

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3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not
commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.10.2 Types of Insurance Required. As a condition
precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance. If the existing policies do not meet the Insurance Requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (a) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as
Insurance Services Office "occurrence" form CG 0001, with minimum limits of at least $1,000,000 per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions
limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. (b) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance
Services Office Form CA 0001 covering "Any Auto" (Symbol 1) with minimum limits of $1,000,000 each accident.

CA-4

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(c) Contractors Pollution Liability: (Include this clause if there is a pollution liability exposure.)
Contractors Pollution Liability Insurance covering all of the contractor's operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with
minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or
provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this
Agreement.
(d) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional
services shall specifically include all work to be performed under the Agreement and delete any exclusions that may
potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.).

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this
Agreement.
(e) Workers' Compensation: Workers' Compensation
Insurance, as required by ·the State of California and
Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.

CA-5

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(A) The policy or policies of insurance required by Section

3.2.10.2 (a) Commercial General Liability and (c) Contractor's Pollution Liability shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional
insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the Agreement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(B) The policy or policies of insurance required by Section

3.2.10.2 (b) Automobile Liability and (d) Professional Liability shall be endorsed to provide the following:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(C) The policy or policies of insurance required by Section

3.2.10.2 (e) Workers' Compensation shall be endorsed to provide the following:
( 1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.10.4 Primary and Non-Contributing Insurance. All
insurance coverages shall be primary and any other insurance, deductible, or selfCA-6

ATTACHMENT B

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insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance
coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties.

Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement.

In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All Subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing Subconsultants to purchase the appropriate CA-7

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insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the Subconsultant's policies.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Ninety-Two Thousand DOLLARS ($92,000) without written approval of City's City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth in Exhibit "C" shall be adjusted each year CA-8

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at the time of renewal in accordance with the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties, or at the percentage rate set forth in Exhibit "C."

3.3.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in CA-9

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connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant:

City:

California Yellow Cab
520 W. Dyer Road
Santa Ana, CA 92707
Attn: Tim Conlon, President
City of Yorba Linda
4845 Casa Loma Avenue
Yorba Linda, CA 92886
Attn: Rob Cavanaugh, Parks and Recreation Department
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data: Licensing of Intellectual Property.

This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in CA-10

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its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials, officers, employees, agents or volunteers.

CA-11

ATTACHMENT B

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3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.

The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

CA-12

ATTACHMENT B

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3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, CA-13

ATTACHMENT B

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without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

Attest
By: 11\0Av��-
Marcia Brown
City Clerk
Approved as to Form:

CA-14
California Yellow Cab
By: ��
Name:--r: v'V\ Co"' I Cl()
Title: �..f'E 2; de h-f:
[If Corporation, TWO SIGNATURES, President OR
Vice President AND Secretary, AND CORPORATE
SEAL�ED] � ::me•====:L
Title: C.FO

ATTACHMENT B

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EXHIBIT "A"

SCOPE OF SERVICES
The following plans and specifications are incorporated into this Contract herein by this reference:

Transportation services for the City of Yorba Linda Senior Citizen Transportation Services as described in the Request for Proposal dated 3-15-21.

CA-15

ATTACHMENT B

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EXHIBIT "8"

SCHEDULE OF SERVICES
In the event that this Agreement is renewed pursuant to Section 3.1.2, the first renewal period shall be from June 1, 2022 to May 31, 2023. The second renewal period shall be from June 1, 2023 to May 31, 2024 The third renewal period shall be from June 1, 2024 to May 31, 2025. The fourth renewal period shall be from June 1, 2025 to May 31, 2026.

CA-16

ATTACHMENT B

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EXHIBIT "C"

COMPENSATION
BIDDER' NAME I CASCO YELLOW INC.

City of Yorba Linda Proposal Bid Form For
Senior Citizen Transportation Services
Use this form to identify key cost for the operation of the Senior Mobility Program. This cost information will be used in the evaluation of proposals, and at a later date as additional data to document the costs. On attached sheet, please include back up calculations made in preparing all components.

DESCRIPTION COST

1. Total Costs/Fare for one-way trip within city limits. $15.00

2. Total Costs/Fare for one-way trip outside of city limits within a one-mile $17.50 radius.

The costs below would only come into play if the City of Yorba Linda elects to expand their program and provide
transportation further than one mile beyond city limits.

3. Total Costs per mile for one-way trip anywhere in
Orange County. $3.00

4. Total Costs/Fare for one-way trip anywhere in $3.00 Orange County. per mile

5. Other Costs Structure
N/A

6. Other Costs Structure
N/A
P-6
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above shall be adjusted each year at the time of renewal described in Exhibit "B" in accordance with the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.

CA-17

ATTACHMENT B

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ADMINISTRATION DEPARTMENT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: MARK K. AALDERS, ASSISTANT TO THE CITY

MANAGER
SUBJECT: DENIAL OF CLAIMS FOR DAMAGES – AGUILAR, FITKOWSKI AND

MERCURY INSURANCE SUBROGATION FOR MULVIHILL

RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Larry Aguilar, Sophia Fitkowski and Family, and Mercury Insurance Company subrogation for Jamie Mulvihill.

BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with the George Hills Company. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.

Staff makes recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will also result in a recommendation for denial of the claim.

DISCUSSION
The following claims for damages have been recommended for denial based on the investigations by City staff and the third-party claims administrator. Further details for each claim are available upon request.

Larry Aguilar
The claimant alleges that the City is at fault for an incident that occurred on December 14, 2022, at approximately 2:10pm, in which the claimant’s 8-year-old son received a one-inch laceration on the left side of his head due to nails protruding from a tree in Travis Ranch

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DENIAL OF CLAIMS FOR DAMAGES – AGUILAR, FITKOWSKI AND MERCURY INSURANCE

SUBROGATION FOR MULVIHILL
P a g e | 2
Youth Park. The Orange County Fire Authority treated the claimant’s son on scene and released him within six minutes. The laceration has since healed, and the claimant is seeking compensation of an unknown amount for the scarred area which is now a permanent bald spot.

Staff’s site visits, research and document review led to the following determinations.  Upon receiving the claim, staff’s initial search found no evidence of nails protruding from a tree in Travis Ranch Youth Park.
 Staff followed up with the claimant and requested the specific location of the tree. The claimant provided additional pictures enabling staff to find what appeared to be a nail hole in a tree located near the snack shack. It is unknown as to who may have already removed the nail.
 No complaints or work orders were filed, nor were staff members aware of and/or had prior notice of a nail(s) protruding from a City tree.
 The City’s policy does not permit staff, contractors, sports groups, organizations, private parties, etcetera. to affix any signs/objects to City-owned trees as this would damage the health of the tree, particularly the use of nails.  No City planned events or sports programs were scheduled on the day of the incident.  Staff were not present in the park at the time of the incident.

Therefore, the third-party claims administrator and City staff recommend denying the claim.

Sophia Fitkowski and Family
The claimants allege that the City’s action of approving a permit to cover up “NO STOPPING ANY TIME” signs to facilitate parking along N. Rose Drive for the annual Pope John Paul II Polish Center Harvest Festival led to a fatal traffic collision.

The City Attorney, third-party claims administrator and City staff recommend denying the claim.

Mercury Insurance, subrogation for Jamie Mulvihill
The claimant alleges that the City failed to repair a pothole in the 91 Freeway west bound express lane near Yorba Linda Boulevard which caused damage to their vehicle.

The 91 Freeway is not maintained by the City. Therefore, City staff recommend denying the claim.

FISCAL IMPACT
None

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DENIAL OF CLAIMS FOR DAMAGES – AGUILAR, FITKOWSKI AND MERCURY INSURANCE

SUBROGATION FOR MULVIHILL
P a g e | 3

ALTERNATIVES
As an alternative to staff’s recommendations for the claims, the City Council has the following options:

1. Accept liability for the claims and pay the amount specified in the claim forms.

2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.

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CITY OF YORBA LINDA

PLANNING COMMISSION

AGENDA ITEM SUMMARY
Meeting Date: March 15, 2023
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF JANUARY 25, 2023, PLANNIING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, Second by Commissioner Behura to approve the January 25, 2023, Planning Commission meeting minutes. The motion carried (4-0-0-1) with the following roll call vote:

AYES: Behura, Pease, Bernstein, Singh
NOES: None
ABSENT: None
ABSTAIN: Masterson
CONDITIONAL USE PERMIT 2023-01 SALIB
A motion by Chair Pro Tem Singh, Second by Commissioner Masterson to adopt Resolution No. 5541 approving Conditional Use Permit 2023-01 Salib with conditions. The motion carried (5-0) with the following roll call vote:

AYES: Pease, Bernstein, Singh, Behura, Masterson
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-02 NIKKI’S KITCHEN
A motion by Chair Pro Tem Singh, Second by Commissioner Masterson to adopt Resolution No. 5542 approving Conditional Use Permit 2023-02 Nikki’s Kitchen with conditions. The motion carried (5-0) with the following roll call vote:

AYES: Behura, Pease, Bernstein, Singh, Masterson
NOES: None
ABSENT: None
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-03 SMART FIT METHOD GYM
A motion by Commissioner Masterson, Second by Chair Pro Tem Singh adopting Resolution No. 5543 approving Conditional Use Permit 2023-03 Smart Fit Method Gym with conditions. The motion carried (5-0) with the following roll call vote:

AYES: Behura, Pease, Bernstein, Singh, Masterson
NOES: None
ABSENT: None
ABSTAIN: None Page 280 of 336
2 CONDITIONAL USE PERMIT 2023-04 ZARATE
A motion by Commissioner Behura, Second by Commissioner Bernstein adopting Resolution No. 5544 approving Conditional Use Permit 2023-04 Zarate with conditions. The motion carried (5-0) with the following roll call vote:

AYES: Behura, Pease, Bernstein, Singh, Masterson
NOES: None
ABSENT: None
ABSTAIN: None
DETERMINATION OF USE 2022-01 AMAYA
A motion by Commissioner Bernstein, Second by Commissioner Behura approving Determination of Use 2022-01 Amaya with conditions. The motion carried (5-0) with the following roll call vote:

AYES: Behura, Pease, Bernstein, Singh, Masterson
NOES: None
ABSENT: None
ABSTAIN: None
Adjournment: The meeting adjourned at 7:24 p.m. to the March 29, 2023, Planning Commission meeting at 6:30 p.m.

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CITY CLERK'S OFFICE
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS

RECOMMENDATION
It is recommended that the City Council receive and file this report.

DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees

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Transportation Corridor Agencies
For the March 9, 2023, Meeting

BOARD MEETING HIGHLIGHTS

F/ETCA BOARD OF DIRECTORS
John Taylor, Chair,

SAN JUAN CAPISTRANO
Patricia Kelley, Vice Chair,

MISSION VIEJO
Ashleigh Aitken,

ANAHEIM
Mike Frost,

DANA POINT
Farrah Khan,
IRVINE
Scott Voigts,

LAKE FOREST
Denis Bilodeau,
ORANGE
Anthony Beall,

RANCHO SANTA MARGARITA
David Penaloza,

SANTA ANA
Austin Lumbard,
TUSTIN
Beth Haney,

YORBA LINDA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.

Doug Chaffee,
COUNTY OF ORANGE, 4TH DIST.

Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.

Ryan Chamberlain, Ex-Officio
Member, CALTRANS DIST. 12

SJHTCA BOARD OF DIRECTORS
Will O’Neill, Chair,

NEWPORT BEACH
Janine Heft, Vice Chair,

LAGUNA HILLS
Richard Hurt,

ALISO VIEJO
Arlis Reynolds,

COSTA MESA
Jamey Federico,

DANA POINT
Farrah Khan,
IRVINE
Stephanie Oddo,

LAGUNA NIGUEL
Cynthia Conners,

LAGUNA WOODS
Patricia Kelley,

MISSION VIEJO
John Taylor,

SAN JUAN CAPISTRANO
David Penaloza,

SANTA ANA
Donald P. Wagner,
COUNTY OF ORANGE, 3RD DIST.

Katrina Foley,
COUNTY OF ORANGE, 5TH DIST.

Ryan Chamberlain, Ex-Officio
Member, CALTRANS DIST. 12
73/133/241/261 TOLL ROADS

TCA BOARDS APPROVE CONTINUATION OF SERVICES WITH CHP
At their March 9 meeting, the San Joaquin Hills Transportation Corridor Agency (SJHTCA) and the Foothill/Eastern Transportation Corridor Agency (F/ETCA) Boards of Directors approved the continuation of services with CHP for Toll Enforcement Services for an additional three years.

Since May 2000, the California Highway Patrol (CHP) has been providing comprehensive patrolling on The Toll Roads.

TCA funds additional hours to deter excessive speeding, enforce non-plate vehicles and unsafe lane changes at the 241/91 transition. This contract provides about 2,000 hours of overtime, on top of their regular enforcement hours, for CHP officers.

CHP and TCA staff meet quarterly to discuss ways to improve the program and enhance safety on The Toll Roads. 2023 STATE LEGISLATIVE WATCHLIST ADOPTED
The SJHTCA and F/ETCA Boards of Directors unanimously adopted the 2023 State Legislative Watchlist.

Each year, staff develops a watchlist of bills introduced in Sacramento that are of interest or could impact TCA’s mission or toll road operations. Out of 2,632 bills introduced in the California State Legislature this year, 79 are included on the watchlist for monitoring based on TCA’s 2023/2024 legislative platform.

Staff highlighted two bills that will be monitored closely over the next several months: AB 7 (Friedman), an intent bill that would eliminate single occupancy freeway capacity projects, SB 411 (Portantino), one of four Brown Act related bills. SB 411 would indefinitely authorize alternate teleconferencing provisions that are set to expire in 2024 and eliminates the state of emergency requirement, requires a two-thirds vote and would take effect immediately if passed.

LIVE OAK PLAZA CONSERVATION AREA CATTLE GRAZING BEGINS
The Boards were shown a video highlighting TCA’s cattle grazing pilot program. The program recently kicked off its third year at the Agencies’ Live Oak Plaza Conservation Area in Trabuco Canyon.

The program, approved by the Foothill/Eastern Transportation Corridor Agency (F/ETCA) Board of Directors in 2020, helps mitigate wildfire risk and promote native vegetation growth.

Conservation grazing, also called targeted grazing, is the use of grazing livestock to improve and maintain the quality and biodiversity of natural areas.

OCCOG GENERAL ASSEMBLY TO FEATURE THREE TCA DIRECTORS ON

TRANSPORTATION LEADERSHIP PANEL
San Joaquin Hills Transportation Corridor Agency (SJHTCA) Chair, Will O’Neill, will represent TCA at OCCOG’s 2023 General Assembly on March 23 as part of the event’s Transportation Leadership Panel. Joining him on the panel will be County Supervisor 4th District and F/ETCA Director Doug Chafee, representing Metrolink and Director Ryan Chamberlain, representing Caltrans.

TCA is a member of OCCOG and is a Seedling Sponsor for the event, which will be held at the Richard Nixon Library and Museum in Yorba Linda.

Registration is free for all Orange County elected officials. Registration closes on March 15. Go to www.occog.com/ occogga to sign up. Page 283 of 336

INTERNATIONAL PEERS LEARN BEST PRACTICES IN TOLLING OPERATIONS FROM TCA In late February, The Toll Roads staff and Chief Toll Operations Officer Vincent Valdez, hosted the State Tolling Corporation (STC), a governmentowned entity established by the state of Victoria in Melbourne, Australia.

During the visit TCA shared information, experiences and best practices in regard to implementing and running a tolling operation. STC is working on plans to implement a toll facility in the Melbourne Australia area.

TCA continues to be at the forefront of tolling innovation and assists other agencies – and counties – in their tolling initiatives.

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March 9, 2023
Waste Management Commission Meeting Summary
Attendees:

Colin Edwards
Kimberly Ho
Ted Bui
Lee Fink
Gloria Alvarado
Arianna Barrios
Rajat Khurana
Isabell Kerins
Beth Haney
Christine Marick
Joe Soto
David Shawver
Discussion Topics:
• Deputy Director Lisa Smith provided agency update
o South Region fee booth expansion
o Valencia Greenery permitting near completion
o Bee Canyon Greenery expansion to be complete by Summer 2023 o Commission provided feedback on landfill laborer recruitment video developed to increase applicant pool vimeo.com/797420486
▪ Add website URL to video
▪ HR survey when staff depart to aid in retention
▪ Total number of current landfill vacancies
• 2023 WMC meeting dates approved; June 8, September 14, December 14 • Trang Doan provided an update on OCWRs landfill tonnage and revenue o Commission inquired regarding tonnage at Prima
o Commission inquired regarding AB 939 surcharge fund
• Irene Alonso provided a part one overview of AB939 surcharge program/fund and current education outreach programs
o Past & upcoming events for Earth Day
o April 1 OCWR Compost Giveaway 4/1, 8 a.m.-noon, at all three landfill sites – Invite extended to Commissioners
o OCWR also working with other partners including water districts and cities for partnership opportunities to provide compost or Earth Day support
o Chairman Shawver encouraged Commission members to contact OCWR staff if interested in exploring educational opportunities
• Robert Sedita provided an update on current and emerging legislation and OCWR’s SB 1383 progress. o Tier 1 & 2 education outreach
o SB 1383 procurement requirements for jurisdictions
o OC Recycling Coordinators meeting
o Legislative summary update (see attachment)
• PUBLIC COMMENT – Resident explained limited recycling/disposal options related to Ionizing-type fire/smoke alarms

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o Chairman Shawver expressed interest in having a Hazardous Waste presentation to learn what options are available to OC residents
o Resident would like OCWR to explore option to have HHWs accept these items • Final comments:
o Potential for WMC to meet bi-monthly instead of quarterly o Commissioner Haney suggested background information document to assist new commissioners in onboarding

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GENERAL INFORMATION
Fungus gnats and March flies occasionally cause
considerable concern when they are found in or
about the house, patio, or lawn in large numbers.

The fungus gnats may resemble small mosquitoes
but neither they nor March flies can "bite." Their
status as a pest here is mainly only as a nuisance.

1. Handle insecticides with care and follow
instructions on the label.

2. Do not use around open flame or exposed foods,
and always clean food preparation areas after the use
of pesticides.

3. Store out of reach of children and pets, preferably
in locked cabinets.

4. Never keep pesticides in anything other than the
original container.

5. Never reuse the pesticide container to store any
other materials.

6. Dispose of all empty containers by placing them in
the trash can for removal to the local disposal area.

PRECAUTIONS
FUNGUS GNATS (Mycetophilidae & Sciaridae):

These small (1/8"-3/8") dark flies are found here
throughout the year where they inhabit damp,
decaying organic matter such as leaf mold,
manure, and organic fertilizers and mulches where
the larvae feed, especially on fungus growth.

Occasionally they may be found breeding within
planter boxes for house plants where the moisture
favors them. Only in commercial mushroom beds
are they usually a potential economic pest.

MARCH FLIES (Bibionidae):

These dark-colored flies (1/4") are usually most
common in the spring and early summer. They, like
fungus gnats, are primarily scavenger feeders as
maggots or larvae in the soil or turf with moist,
decaying organic matter from which adults are
lazy fliers, often staying close to the ground. They
may feed on the nectar of flowers.

The larvae of the various species are mostly
whitish, slender maggots with dark heads.

Development from the egg stage to the adult gnat
usually takes two to four weeks. The adults are
often attracted to lights at night.

FUNGUS GNATS AND MARCH FLIES

CONTROL
Control is not usually warranted. Keeping doors
closed and windows tightly screened will help. The
flies may enter homes where lights attract them.

Where killing thegnats or flies is desired inside
buildings, the usual fly space sprays may be used.
* * * * * * * * * * * *
This information is provided to help homeowners
with their pest problems. Insecticides may be
purchased at nurseries, hardware, farm supply, and
pet stores. If additional help is needed, contact
with a licensed pest control operator is suggested.

No endorsement of trade names or products is
intended, nor is criticism implied of similar
products not mentioned.

ORANGE COUNTY VECTOR CONTROL DISTRICT
13001 Garden Grove Boulevard, Garden Grove, CA 92843
(714) 971-2421 • (949) 654-2421
www.ocvectpr.org
Laboratory Report March 16, 2023 Attachment No. 1

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Laboratory Report, March 16, 2023 Attachment No. 2
Fungus Gnats
UC IPM, Revised 8/13
(Shutterstock)
Fungus gnats are small flies that infest soil, potting mix, other container media, and other sources of organic decomposition. Their larvae primarily feed on fungi and organic matter in soil, but also chew roots and can be a problem in greenhouses, nurseries, potted plants and interior plantscapes. Adult fungus gnats may emerge from houseplants indoors and become a nuisance.

IDENTIFICATION
Fungus gnats (Orfelia and Bradysia species), also called darkwinged fungus gnats (Sciaridae), are dark, delicate-looking flies similar in appearance to mosquitoes. Adult fungus gnats have slender legs with segmented antennae that are longer than their head. Their long antennae distinguish them from the more robust shore flies, which are also found in greenhouses, associated with algae and decomposing organic matter, but have short bristle-like antennae. Although a few species are up to 1⁄2 inch long, fungus gnat adults commonly are about 1⁄16 to 1⁄8 inch long. Wings are light gray to clear, and the common Bradysia species have a Y-shaped wing vein.

Because adult fungus gnats are attracted to light, you first might notice these pests flying near windows indoors. However, in comparison with more active species such as the common housefly (Musca domestica), fungus gnats are relatively weak fliers and usually don’t move around much indoors.

Fungus gnats often remain near potted plants and run across (or rest on) growing media, foliage, compost, and wet mulch piles.

Females lay tiny eggs in moist organic debris or potting soil. Larvae have a shiny black head and an elongated, whitish-to-clear, legless body. They eat organic mulch, leaf mold, grass clippings, compost, root hairs, and fungi. If conditions are especially moist and fungus gnats are abundant, larvae can leave slime trails on the surface of media that look like trails from small snails or slugs.

DAMAGE
Adult fungus gnats don’t damage plants or bite people; their presence is primarily considered a nuisance. Larvae, however, when present in large numbers, can damage roots and stunt plant growth, particularly in seedlings and young plants. Significant root damage and even plant death have been observed in interior plantscapes and in houseplants when high populations were associated with moist, organically-rich soil. Thus, a houseplant that is wilting may not indicate a lack of water, but rather root damage by fungus gnat larvae or (more commonly) other causes of unhealthy roots. However, too much or too little water, root decay fungi, and improper soil conditions (e.g., poor drainage, or waterlogging) are much more common causes of wilted plants.

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Laboratory Report, March 16, 2023 Attachment No. 2
Serious fungus gnat damage is more common in greenhouses, nurseries, and sod farms. Although larvae also feed on plant roots outdoors, they don’t usually cause serious damage.

LIFE CYCLE
Fungus gnats develop through four stages—egg, larva (with four larval stages or instars), pupa, and adult. The tiny eggs and oblong pupae occur in damp organic media where females lay eggs and larvae feed. At 75ºF, eggs hatch in about 3 days, the larvae take approximately 10 days to develop into pupae, and about 4 days later the adults emerge. A generation of fungus gnats (from female to female) can be produced in about 17 days depending upon temperature. The warmer it is, the faster they will develop and the more generations will be produced in a year.

Fungus gnats have many overlapping generations each year. Outdoors, they are most common during winter and spring in interior areas of California, when water is more available and cooler temperatures prevail. They can occur during any time of the year in moist coastal regions and indoors.

MANAGEMENT
Most of the fungus gnat’s life is spent as a larva and pupa in organic matter or soil, so the most effective control methods target these immature stages rather than attempting to directly control the mobile, short-lived adults. Physical and cultural management tactics—primarily the reductions of excess moisture and organic debris—are key to reducing fungus gnat problems. Commerciallyavailable and naturally-occurring biological control agents can also control this pest. Insecticides are considered an important control option in some commercial plant production but generally aren’t recommended for fungus gnat management in and around the home.

Monitoring
Visual inspection for adults usually is adequate for determining whether a problem exists. You will see adults resting on plants, soil, windows, or walls, or you might see them in flight. Besides looking for adults, check plant pots for excessively moist conditions and organic debris where larvae feed. Yellow sticky traps can be used to trap adults. Chunks of raw potato placed in pots with the cut sides down (not the peels) are sometimes used to monitor for larvae.

Water and Soil Management
Because fungus gnats thrive in moist conditions, especially where there is an abundance of decaying vegetation and fungi, avoid overwatering and provide good drainage. Allow the surface of container soil to dry between waterings. Clean up standing water, and eliminate any plumbing or irrigation system leaks. Moist and decomposing grass clippings, compost, organic fertilizers, and mulches are also favorite breeding spots. Avoid using incompletely-composted organic matter in potting media unless it is pasteurized first, because it will often be infested with fungus gnats. Improve the drainage of the potting mix (e.g., increase the proportion of perlite or sand in the mix). Minimize organic debris around buildings and crops. Avoid fertilizing with excessive amounts of manure, blood meal, or similar organic materials. Screen and caulk leaky windows and doors to help prevent pests from coming indoors.

If you have infested plants, don’t move them to new areas where flies can emerge to infest other pots.

In some cases you may wish to toss out severely infested plants.

Purchase and use only pasteurized container mix or potting mix. Commercial growers often treat potting soil with heat or steam before using it; this will kill flies and the algae and microorganisms they feed on. Home gardeners can solarize soil:
• Moisten it.
• Place it in a bag of transparent plastic or black plastic. • Make the pile no deeper than about 8 inches.
• Place the bagged soil on a slightly elevated surface, such as a pallet in a sunny location, for about 4 to 6 weeks.

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Laboratory Report, March 16, 2023 Attachment No. 2
See the Pest Note: Soil Solarization for details. Store pasteurized potting soil off the ground and in closed containers to prevent it from becoming infested before use.

Trapping
In home situations where fungus gnat adults are a nuisance, it may be possible to reduce the problem by using sticky traps available at retail nursery and garden centers. Yellow sticky traps can be cut into smaller squares, attached to wooden skewers or sticks and placed in pots to trap adults. Also, raw potato chunks placed in the soil are very attractive to fungus gnat larvae. These may be used not only to check pots for larvae but also to trap them away from plant roots. After a few days in a pot, remove infested chunks, dispose of them, and replace with fresh ones.

Biological Control
Three commercially available biological control agents can be purchased to control fungus gnats in pots or container media (Table 1). These include Steinernema nematodes, Hypoaspis predatory mites, and the biological insecticide Bacillus thuringiensis subspecies israelensis (Bti). Several Bti products (Mosquito Bits, Gnatrol) are readily available in retail nurseries and garden centers, so these products may be the most convenient for home gardeners to use. Bti does not reproduce or persist indoors, so infestations in potting media might require repeated applications at about five-day intervals to provide control. Nematodes and Hypoaspis mites must be mail-ordered and are live and perishable products, requiring immediate application. Nematodes can provide relatively long-term control of fungus gnat larvae, and they can be self-reproducing after several inoculative applications to establish their populations. Steinernema feltiae is more effective against fungus gnats than other commercially available nematode species. Mix Bti or nematodes with water, and apply as a soil drench, or spray onto media using a hand-pump spray bottle or other spray equipment, following label directions.

Several natural enemies help to manage fungus gnat populations in outdoor systems, such as landscapes and gardens, and indoors in greenhouses and conservatories, including the predatory hunter flies, Coenosia spp. These flies catch and consume adult fungus gnats in mid-air, and prey on fungus gnat larvae in soil while developing as larvae themselves. Conserve these and other natural enemies by avoiding broad-spectrum insecticide applications.

Table 1. Commercially Available Biological Pesticides and Natural Enemies for Controlling Fungus Gnat Larvae.

Biological Comments
Bacillus
thuringiensis subspecies israelensis (Bti)
(Gnatrol)
A naturally occurring, spore-forming bacterium
produced commercially by fermentation. Bti applied
at labeled rates provides temporary control and is
toxic only to fly larvae, such as mosquitoes, black
flies, and fungus gnats. Repeat applications
commonly are needed for long-term control. This
Bt is a different subspecies from that applied to
foliage to control caterpillars. Bt labeled for
caterpillars is not effective against fly larvae.

Hypoaspis (=Geolaelaps or Stratiolaelaps) miles A light-brownish predaceous mite adapted to feeding in the upper layers of moist soil. Preys on
fungus gnat larvae and pupae, thrips pupae,
springtails, and other tiny invertebrates.

Commercial mites commonly are shipped in a
shaker-type container used to apply them.

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Laboratory Report, March 16, 2023 Attachment No. 2
Recommended rates in commercial nurseries are
about 1/2 to several dozen mites per container or
square foot of media. Make applications before
pests become abundant. Hypoaspis probably won’t
perform very well in individual houseplants and
probably isn’t a good choice for use in homes.

Steinernema feltiae This nematode is effective when temperatures are between 60° to 90°F and conditions are moist. You
can apply it as a soil drench and to media using
conventional spray equipment. Nematodes
reproduce and actively search for hosts, so under
moist conditions they can provide season-long
control after several initial applications to establish populations.

These materials are essentially nontoxic to people and are compatible for application in combination.

Bt is available from many well-stocked nurseries and garden supply stores. Predaceous mites, Bti, and nematodes, are commercially available through mail order from special suppliers.

Chemical Control
Insecticides are rarely warranted to control these flies in and around homes. However, if you do apply an insecticide for fungus gnats, consider using Bti or Steinernema feltiae nematodes to control the larvae; see the section Biological Control for more information.

If Bti or nematodes aren’t available and high populations are intolerable, pyrethrins or a pyrethroid insecticide may provide temporary, fast-acting control. Spray the surface of potting soil and plant parts where adults typically rest. Do not aerially fog indoors or attempt to spray adult gnats in flight. Be sure the product is labeled for your particular use (e.g., for "house plants") and read and follow the product's directions.

Pyrethrins have low toxicity to people and pets and are the active ingredients in the botanical pyrethrum, which is derived from flowers of certain chrysanthemums. Many products include a petroleum-derived synergist (piperonyl butoxide, or PBO) to increase pyrethrum effectiveness.

Pyrethroids (e.g., bifenthrin, permethrin) are synthesized from petroleum to be chemically similar to pyrethrins; they often are more effective and persistent but are more toxic to beneficial insects. When using these products on houseplants or interiorscape containers, if possible move plants outdoors for treatment as a precaution, and wait about a day after applying the chemical before bringing them back inside.

For information on managing fungus gnats in commercial flower, nursery or greenhouse operations, see the UC IPM Pest Management Guidelines: Floriculture and Ornamental Nurseries and the book Integrated Pest Management for Floriculture and Nurseries.

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PUBLIC WORKS DEPARTMENT
DATE: MARCH 21, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JAMIE LAI, P.E., DIRECTOR OF PUBLIC WORKS / CITY ENGINEER PREPARED BY: AUSTIN POSTOVOIT, SENIOR MANAGEMENT ANALYST SUBJECT: ANNEXATION TERRITORY TRACT 17341 (CIELO VISTA DEVELOPMENT) PUBLIC HEARING TO TABULATE PROPOSITION 218 BALLOTS AND, IF

NO MAJORITY PROTEST EXISTS, CONSIDERATION OF RESOLUTION NO. 2023-5843, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2022/2023 FOR ANNEXATION AND ESTABLISHMENT OF

ASSESSMENTS FOR LMAD ZONES

RECOMMENDATION
It is recommended that the City Council take the following actions, in order:

1. Conduct the Public Hearing upon the proposed establishment of assessments and annexation, and consider all objections and protests, whether written or oral, if any;

2. Close the Public Hearing and direct staff to tabulate the Proposition 218 Ballots for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K, and depending on the circumstances take the following actions:
a. If after the ballots are tabulated a Majority Protest does exist, make findings that there is a Majority Protest for the zone, abandon the proceedings for the proposed establishment of assessments, and direct staff to bring back a plan to coordinate next steps; or
b. If after the ballots are tabulated a Majority Protest does not exist, adopt Resolution No. 2023-5843, pursuant to the provisions of the Landscaping and Lighting Act of 1972, annexing and confirming the diagram and assessments for Fiscal Year 2022/2023 for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K, the overruling of all protests concerning the assessments, and levy of the assessments confirmed herein.

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D E V E L O P M E N T ) P U B L I C H E A R I N G T O T A B U L A T E P R O P O S I T I O N 2 1 8 B A L L O T S A N D , I F N O M A J O R I T Y P R O T E S T E X I S T S , C O N S I D E R A T I O N O F R E S O L U T I O N N O . 2 0 2 3 - 5 8 4 3 , C O N F I R M I N G T H E D I A G R A M A N D A S S E S S M E N T F O R F I S C A L Y E A R 2 0 2 2 / 2 0 2 3

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BACKGROUND
In December 2016, the Orange County Board of Supervisor’s approved an Area Plan and Environmental Impact Report for a land development project within the (then) unincorporated area of Orange County known as the Cielo Vista Project (hereafter referred to as “Tract 17341” or “Property”). The project area more specifically lies north of Via Del Agua/Stonehaven Boulevard and east of Dorinda Road and San Antonio Road (Attachment 3 - Vicinity Map). The Property consists of 84.761 acres of land, proposed to be subdivided into seventy-four (74) single-family residential units. The territory that comprises the Property was annexed into the City in 2020, with the Orange County Local Agency Formation Commission Certificate of Completion being recorded at the County on or about December 20, 2019. The City entered into a Pre-Annexation Agreement (Agreement) for the Property with North County BRS Project, LLC, (Company) who represented the ownership of the Property at the time. The Agreement sets forth obligations for the development of the Property that must be met by the Company prior to the Property’s annexation. The Property is now owned by Lennar Homes of California, Inc. (Owner) who is developing the Tract, and assumes the responsibility to comply with the provisions of the Agreement.

A major provision of the Agreement for Tract 17341 is the commitment to eventually annex the Property into the City’s Landscape Maintenance Assessment District (LMAD). The annexation of the Property includes annexation into the LMAD’s applicable Arterial Lighting Zone, Arterial Landscaping Zone (A-3), Local Landscaping Zone (L-2K), and Traffic Signal Zone (TS-2). The agreement included a commitment to the approval of assessments up to the maximum amount of the allowable assessment, including a yearly increase based on CPI, on property within the LMAD that neighbored the Property (which is LMAD Local Landscape Zone L-2K). City staff, including LMAD personnel and the City Attorney have reviewed and approved the completed Annexation Engineer’s Report and associated resolutions for the Property.

A focused Annexation Engineer’s Report for the Property was approved by the City Council on January 17, 2023, and the Council authorized a Prop. 218 vote and set the public hearing to tabulate the ballots.

DISCUSSION
Notices and Proposition 218 ballots were mailed to the property owners listed on the current County of Orange tax roll pursuant to the regulations governing majority protest votes. This Public Hearing is being held not less than 45 days after the mailing of the requisite notices, as required by Proposition 218. As of the date of drafting this report, the total returned ballots for the Property is four (4).

Property owners have until the close of the Public Hearing to submit a signed and marked assessment ballot. Ballots that were received by the City Clerk by U.S. Mail, or otherwise

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delivered to the City Clerk before the Public Hearing, or received during the Public Hearing itself, shall be counted, if properly completed and executed.

During the Public Hearing, the City Council shall consider all objections or protests, if any, to the proposed assessments, whether oral or written. Upon close of the Public Hearing, Proposition 218 ballots received will be opened and tabulated, consistent with all applicable procedures required by Proposition 218 and its implementing statutes, weighted by the proposed assessment amount on each property, and the results announced.

All returned ballots will remain unopened and in charge of the City Clerk until the close of the public hearing and direction is given to staff to tabulate the ballots. For purposes of tabulation, all of the returned ballots submitted, and not withdrawn, will be tabulated and weighted according to the financial obligation of each particular parcel. Article XIIID of the California Constitution provides that if, as a result of the assessment ballot proceeding, a majority protest is found to exist, the City Council shall not have the authority to establish the assessments as proposed. A majority protest exists if the assessment ballots submitted, and not withdrawn, in opposition exceed the assessment ballots submitted, and not withdrawn, in favor, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted.

If there is no Majority Protest as described above, the City Council may approve the assessments for the Property by adopting the Resolution attached to this Staff Report. Any voter approved establishment (increase) of assessment will be submitted to the Orange County Auditor/Controller to be included on the property tax roll for each parcel for Fiscal Year 2022/2023.

Resolution:

If a Majority Protest does not exist, the Council can consider adopting the attached Resolution. By adopting the Resolution, the City Council is:
• Annexing and confirming the diagram and assessments for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K for Fiscal Year 2022/2023, as set forth in the approved Engineer's Report.
• Overruling all objections and protests presented concerning the annual assessments for the District for Fiscal Year 2022/2023. • Approving a levy of assessments for Fiscal Year 2023/2024 for the Annexation

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Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K. A copy of the assessments which specify the amounts levied is on file in the Office of the City Clerk.
• Finding that the annexation and assessment is in compliance with the provision of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution, and that the City Council has complied with all laws pertaining to the levy of an annual assessment.
• Ordering the proposed District improvements to be made within the Annexation Territory of Tract 17341, known as the Cielo Vista Development within the Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K in accordance with the Engineer's Report and these proceedings.
• Authorizing and directing the City Clerk to file a certified copy of the Resolution, and the diagrams and assessments confirmed by the Resolution, with the County Auditor/Assessor/Tax Collector of the County of Orange.

Staff recommends the City Council adopt the Resolution if a Majority Protest does not exist.

FISCAL IMPACT
Per the Pre-Annexation agreement associated with this development, all costs incurred by the City that are associated with the annexation of Tract No. 17341 into the LMAD are eligible for reimbursement by the developer. The consultant costs for development of the focused Engineers’ Report and associated Proposition 218 services, which are also reimbursable, are approximately $9,500. It should be noted that while the proposed resolutions will be implemented this fiscal year, the first assessment for the Annexation Territory will be levied and collected commencing in Fiscal Year 2023/2024.

ALTERNATIVES
Council may choose to reject the recommendations to conduct a Public Hearing upon the proposed assessment. However, failure to conduct the Public Hearing for the annexation processes and ballot tabulation would prevent the Owner’s ability to comply with the PreAnnexation agreement’s clause committing to the annexation of Tract 17341 into the LMAD.

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ATTACHMENTS
Attachment 1 – Resolution No. 2023-5843
Attachment 2 - Annexation Engineer’s Report
Attachment 3 – Vicinity Map

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RESOLUTION NO. 2023-5843

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

YORBA LINDA, CALIFORNIA, PURSUANT TO THE

PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF
1972, ANNEXING AND CONFIRMING THE DIAGRAM AND

ASSESSMENTS FOR THE ANNEXATION TERRITORY OF
TRACT 17341, KNOWN AS THE CIELO VISTA DEVELOPMENT

WITHIN ARTERIAL LIGHTING ZONE, ARTERIAL
LANDSCAPING ZONE A-3, TRAFFIC SIGNAL ZONE TS-2 AND
LOCAL LANDSCAPING ZONE L-2K WITHIN THE YORBA

LINDA STREET LIGHTING AND LANDSCAPING

MAINTENANCE ASSESSMENT DISTRICT COMMENCING
FISCAL YEAR 2022/2023, OVERRULING ALL PROTESTS

CONCERNING THE ASSESSMENTS, AND LEVYING THE
ASSESSMENTS CONFIRMED HEREIN.

WHEREAS, there currently exists in the City of Yorba Linda an assessment district known as the Yorba Linda Lighting and Landscaping Maintenance District (“District”); and WHEREAS, by Resolution No. 2023-5836, the City Council of the City of Yorba Linda initiated proceedings to levy and collect proposed new or increased assessments for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K within the District commencing in Fiscal Year 2022/2023 and ordered the City Engineer to prepare the report regarding such assessments, pursuant to the provisions of the Landscaping and Lighting Act of 1972 of the California Streets and Highways Code (hereafter the “Act,” starting at Streets and Highways Code Section 22500); and WHEREAS, by Resolution No. 2023-5837, the City Annexation Engineer’s report for the proposed new or increased assessments for Annexation Territory of Tract 17341, known as the Cielo Vista Development within Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K, commencing in Fiscal Year 2023/2024 has been approved by the City Council.

WHEREAS, by Resolution No. 2023-5838, the City Council declared its intention to ballot property owners for proposed new or increased assessments for the Annexation Territory of Tract 17341, known as the Cielo Vista Development within Arterial Lighting Zone, Arterial Landscaping Zone A-3, Traffic Signal Zone TS-2, and Local Landscaping Zone L-2K within the District commencing in Fiscal Year 2022/2023, in accordance with Proposition 218, and provide notice pursuant to applicable laws of a Public Hearing of the City Council on the matter; and
WHEREAS, in Resolution No. 2023-5838, the City Council set the Public Hearing for March 21, 2023 at 7:00 p.m. and authorized the proceedings for a Proposition 218 ballot; and

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Yorba Linda City CouncilMarch 21, 2023

Yorba Linda City Council
March 21, 2023